Mental health

• S.136 Mental Health Act

  • A person suffering a mental disorder and in immediate need of care or control or
  • In the interest of that a person or for the protection of others:
  • you can remove someone to a place of safety
  • keep that person at the PoS or remove them to another
• S.136(b) Power of entry

  • public places
  • private places
  • cannot enter dwelling
• S.136(c) Search power

  • a Constable may search someone if they have reasonable grounds for believing DIE
  • has to be whilst the person is detained
• Conveyance under S.136

  • always in an ambulance
  • unless the person is violent or there is a long ETA for an ambulance
  • this must be authorised by an inspector or above
• S.135(1) Mental Health Act

  • provides a constable with a power of entry to a private premises with a warrant
  • Warrant applied for by an approved medical health practitioner
• S.135(2) Mental Health Act

  • Allows Constable or other AMHP to enter and remove an absent patient
• Mental Health Capacity Act 2005

  allows people to be detained against their will if they are deemed to lack the capacity to make their own decisions
• 2 Stage capacity test

  • used to assess capacity
  • cannot be used for under 16 years
• Part 1 ( 2 stage capacity test)

  • presence of one of the following
  • an impairment or disturbance in the mind or brain
• Part 2 ( 2 stage test)

  • if the presence of an impairment or disturbance is sufficient that the person is unable to make a decision at the relevant time and can be described as not being able to:
  • communicate
  • understand
  • retain
  • evaluate