Use of a police station as a place of safety for a person in a mental health crisis

13 August 2024
Volume 33 · Issue 15

Abstract

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the dilemma faced by the police and health trusts where a hospital bed is not available for a person in a mental health crisis

Part 4 of the Policing and Crime Act 2017 introduced amendments to police powers under the Mental Health Act 1983. It provides for a police officer to remove, without warrant, a person suffering from a mental disorder to a place of safety if they are in need of immediate care and control. The aim being to have the person's mental health assessed and appropriate arrangements made for ongoing care and treatment.

A place of safety for the purpose of sections 135 and 136 is defined as:

 

Criticism of the use of police cells as a place of safety for individuals in mental crisis saw the period of detention under section 136 reduced from 72 hours to 24 hours (with a further extension of 12 hours if conditions are met) and the use of police cells restricted under Section 136A and the Mental Health Act 1983 (Places of Safety) Regulations 2017.

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