NCJ Number
181544
Journal
International Journal of Police Science & Management Volume: 2 Issue: 2 Dated: September 1999 Pages: 117-127
Date Published
September 1999
Length
11 pages
Annotation
This paper examines the difficulties that police in England and Wales experience when using the power granted under section 136 of the Mental Health Act 1983, which empowers a police officer to remove from a public place anyone considered by the police officer to be mentally disordered and in need of immediate care.
Abstract
The law enables the police officer to take the individual to a place of safety for up to 72 hours for assessment by a physician and a social worker. Much controversy exists regarding this power. Among the problems are the difficulty in deciding whether a location is a public place, the problem of recognizing mental disorder in the absence of any meaningful training, and the use of a police station to manage a mentally disturbed detainee. Additional problems include the length of time allowed by the law for the two assessments to take place and the apparent lack of support received from the other professionals involved in detentions under section 136. Several possible changes to the Mental Health Act would serve the police well in their handling of persons with mental disorders. These changes include allowing police to enter private premises; the ending of the use of a police station as a place of safety; and, if the use of police stations continues, the reduction of the period of detention to 4 or perhaps 6 hours. Notes and 38 references (Author abstract modified)