Section 136
Mental Health
Act Explained
Police Powers to Detain in Public Places for Mental Health Assessment (2026 Authority Guide)
What Is Section 136?
Section 136 of the Mental Health Act 1983 allows a police officer in England and Wales to detain a person in a public place if the officer believes the person appears to be suffering from a mental disorder and is in immediate need of care or control. The purpose is not arrest. It is protective detention for mental health assessment. This power exists to safeguard life — not to criminalise crisis.
Chapter 1
The Purpose of
Section 136
The conceptual foundation of Section 136 has undergone a radical transformation since the inception of the Mental Health Act in 1983. Historically, the interaction between the police and those in mental health crisis was often viewed through a prism of public order management. However, in 2026, the legislative and operational doctrine is focused entirely on protective detention and the decriminalisation of crisis.
Decriminalisation
Modern policing recognises that a mental health crisis is a medical emergency, not a criminal offence. Section 136 is the legal mechanism that bridges the gap between the street and the clinic.
Safeguarding Doctrine
The power is inherently preventative. It exists to provide immediate 'care or control' to prevent harm to the individual or others, adhering to the core police duty to protect life.
This shift in doctrine is reinforced by the Human Rights Act 1998. Specifically, any detention under Section 136 must be compatible with Article 5 (Right to liberty and security) and Article 8 (Right to respect for private and family life). For a Section 136 detention to be lawful, it must be the least restrictive option available to the officer to ensure the safety of the person in crisis.
Chapter 2
The Legal
Threshold Test
For an officer to exercise their powers under Section 136, a specific two-stage legal test must be satisfied. Unlike a criminal arrest, which requires "reasonable grounds to suspect," Section 136 is built on the officer's subjective belief based on objective observations.
"Appears to have a mental disorder"
The officer does not need to be a medical professional. They only need to observe behavior that suggests a mental disorder (as defined by Section 1 of the MHA). This can include hallucinations, severe distress, or irrational behavior.
"Immediate need of care or control"
The need must be immediate. If the risk can be managed through voluntary referral or later intervention, Section 136 should not be used. Control is necessary to prevent self-harm or violence.
"In the person's interests or safety of others"
The detention must be a proportionate response to the risk. If the person is only a danger to themselves, the detention is still authorized if it is in their vital interests.
Important: No suspicion of a crime is required. An individual can be leading a perfectly law-abiding life, but if they are standing on a bridge in extreme distress, the legal test for Section 136 is met.
Chapter 3
Public Place
Requirement
Historically, Section 136 could only be used in a "place to which the public have access." Following the Policing and Crime Act 2017, the definition was expanded, but it still excludes private dwellings. This distinction is the most common cause of procedural errors in mental health detention.
Where 136 Applies
- Public Highways and Pavements
- Parks and Public Squares
- Shops and Shopping Centres
- Vehicles in public areas
- Railway stations and Airports
- Essentially: Anywhere NOT a dwelling
Where 136 DOES NOT Apply
- Private Houses and Flats
- Hotel Rooms (once checked in)
- Hospital Wards
- Care Home private rooms
- Police Station custody suites
- Use Section 135(1) instead
Comparison: Section 135 vs 136
| Feature | Section 135(1) | Section 136 |
|---|---|---|
| Location | Private Dwelling | Public Place |
| Requirement | Magistrates' Warrant | Officer's Observations |
| Personnel | Police + AMHP + Doctor | Police (consultation req) |
Chapter 4
The 24-Hour
PACE-Style Clock
A person detained under Section 136 is in the custody of the state. Therefore, strict time limits apply to ensure that medical assessment takes place without delay. In 2026, the statutory limit is 24 hours, which represents a significant reduction from the historical 72-hour power.
How long can police detain under Section 136?
Authority Threshold: 24 Hours (Max Extension 36 Hours)
The 24-hour clock starts the moment the person arrives at the first Place of Safety. If the person is detained in public at 10:00 AM but arrives at the hospital at 11:30 AM, the clock starts at 11:30 AM.
The Assessment Process
During these 24 hours, the person must be seen by a Registered Medical Practitioner (usually a section-12 approved doctor) and an Approved Mental Health Professional (AMHP). The detention only ends when the assessment is complete or the period expires.
Extension to 36 Hours
An extension of up to 12 hours (total 36) can be authorized by the assessment doctor if it is necessary to complete the assessment because of the person's physical condition or another exceptional circumstance. High demand for beds is NOT a valid legal reason for extension.
Chapter 5
Place of Safety
Explained
A "Place of Safety" is the designated location where a person detained under Section 136 is taken for assessment. In 2026, the law is explicit: a police station is not a place of safety for a child, and its use for adults is restricted to the most extreme and exceptional circumstances.
Primary: NHS Mental Health Suite
The vast majority of Section 136 detentions result in a transfer to a dedicated Health Based Place of Safety (HBPoS). These suites are staffed by mental health nurses and provide a clinical, non-punitive environment for assessment.
Exceptional: Police Custody
Use of a police cell is now legally restricted to cases where the person's behavior poses an imminent risk of serious injury or death to themselves or others, AND that risk cannot be managed in a hospital. Even then, the use of custody must be reviewed by a senior officer immediately.
The Role of the Ambulance Service
National guidance dictates that a person detained under Section 136 should ideally be transported by ambulance, not a police vehicle. This reinforces the principle that the person is a patient, not a prisoner. Police may only transport the person if the ambulance delay is excessive and the risk of waiting outweighs the benefit of clinical transport.
Chapter 6
Detainee Rights
& Safeguards
Detention under Section 136 is an interference with a person's fundamental right to liberty. To remain lawful, it must be accompanied by strict procedural safeguards. These rights differ significantly from those granted under PACE for criminal arrests.
Right to Medical Assessment
The primary right is to be assessed 'as soon as is reasonably practicable' by an AMHP and a Section 12 Approved Doctor. The detention cannot be extended simply because the assessors are busy.
Right to be Informed
The officer must explain the reasons for detention in simple, non-technical language. The person must be told they are NOT under arrest for a crime but are being detained for their safety.
Right to Notify
The person has the right to have one person (friend, relative, or solicitor) informed of their whereabouts. This is similar to PACE Section 56 but adapted for mental health contexts.
Access to IMHA
If the detention proceeds to a hospital section (S.2/3), the person gain a statutory right to an Independent Mental Health Advocate (IMHA) to help them understand their rights and appeal.
Appropriate Adult (AO)
If the person is under 18 or has a significant cognitive impairment, an Appropriate Adult must be present to ensure their welfare during the police-led elements of the detention.
Humane Treatment
The person must be provided with food, water, and medical care for any physical injuries. The use of handcuffs must be 'reasonable and proportionate' and recorded on Body-Worn Video.
Chapter 7
Use of Force
Legal Framework
The use of force on a person in mental health crisis is one of the most scrutinized police actions in the UK. While Section 136 provides the power to detain, it does not automatically grant the right to use unlimited force. Officers must balance their duties under common law and statute.
This section provides the general authority to use reasonable force to exercise any power conferred by PACE or the Mental Health Act. If the detention itself is lawful, reasonable force can be used to prevent the person from leaving or harming themselves.
Officers have a common law duty to prevent a breach of the peace. If the person's crisis manifests as violence toward others, force may be justified under this duty or Section 3 of the Criminal Law Act 1967.
The Taser & Restraint Threshold
In 2026, the use of TASER on a person in crisis is a last-resort action. It must only be used where there is a threat of "serious' violence" and other tactical options (like negotiation or containment) have failed. All use of force under Section 136 must be captured on Body-Worn Video (BWV). Failure to record the interaction significantly increases the risk of successful civil litigation for assault.
Chapter 8
After Detention
Possible Outcomes
The conclusion of the 24-hour assessment period marks the end of Section 136 authority. At this point, the person must either be discharged or moved to another legal status. The police power does not "convert" into long-term detention; that is a clinical decision made by the AMHP and doctors.
1. Unconditional Discharge
The assessment concludes that the person does not have a mental disorder justifying detention, or that they can be supported safely in the community. They are free to leave immediately.
2. Voluntary Admission (Informal)
The person agrees to stay in hospital as a 'voluntary patient'. They have the same rights as a physical health patient and can technically leave at any time (subject to S.5 holding powers).
3. Section 2 Detention
The person is detained for 'assessment' for a period of up to 28 days. This is used when the doctors are not yet sure of the diagnosis or the exact treatment required.
4. Section 3 Detention
The person is detained for 'treatment' for up to 6 months (renewable). This requires a firm diagnosis and a clear treatment plan that cannot be delivered in the community.
5. Community Support (CTO)
The person is released with a Community Treatment Order or a Care Programme Approach (CPA) plan, involving regular visits from a Community Mental Health Team (CMHT).
Chapter 9
Common
Misconceptions
Because Section 136 involves police officers and the removal of liberty, it is frequently confused with criminal arrest. In 2026, it is vital for the public and legal professionals to distinguish fact from fiction regarding mental health detention.
"Section 136 is an arrest"
Myth. While it involves detention, it is not an arrest for a crime. The person is not a "suspect," and the legal framework is provided by the Mental Health Act, not the criminal sections of PACE.
"It creates a criminal record"
Myth. Section 136 detention does not appear on a standard criminal record check. It may appear on an Enhanced DBS check if the police deem it "relevant" to a specific role, but it is not a conviction or caution.
"Police decide how long you stay"
Myth. The police only provide the initial "care and control." Once at a Place of Safety, the clinical assessment (and any subsequent hospital section) is entirely the responsibility of medical professionals and AMHPs.
"Police can 136 you in your garden"
Myth. If the garden is part of a private dwelling (and not accessible to the public), Section 136 does not apply. In 2026, officers must have a Section 135 warrant to detain someone on private residential property.
Chapter 10
Interaction with
Arrest Powers
A complex legal situation arises when a person in mental health crisis is also suspected of committing a criminal offence. Officers must decide which legal power takes precedence: the need for medical assessment (S.136) or the need for criminal investigation (S.24 PACE).
The "Divergent" Path
The Home Office guidance is clear: Health should take priority over prosecution where the offence is minor and the crisis is severe. If a person commits a low-level "Section 5 Public Order" offence while in crisis, they should be detained under Section 136. However, for serious indictable offences (like GBH or Robbery), an arrest under Section 24 PACE is often required to ensure evidence preservation, though the person must still receive immediate psychiatric care in custody.
Can a 136 detention "turn into" an arrest?
Yes. If a person is detained under Section 136 but then commits a serious assault on hospital staff or police, the officer can "convert" the status by arresting the person for the fresh offence. Conversely, a person arrested for a crime can be de-arrested and immediately detained under Section 136 if their mental state is found to be the primary concern.
Chapter 11
Civil Claims &
Safeguards
As an "Institutional Authority," it is important to note that the misuse of Section 136 is a grounds for significant civil litigation against a Chief Constable. Because the power is so broad, the courts demand literal adherence to the statutory requirements.
Wrongful Detention
If the person was NOT in a public place, or if the officer had no evidence of a potential mental disorder, the detention is "void ab initio." This leads to a claim for false imprisonment.
Article 5 Violation
Under the Human Rights Act, detention must be "lawful" and not "arbitrary." A detention that exceeds the 24-hour limit without valid medical extension is a breach of Article 5.
Tort of Battery
If the use of force (Chapter 7) was disproportionate or was applied after the legal authority for detention had expired, it constitutes a criminal assault and a civil battery.
Chapter 12
S.136 vs
Criminal Arrest
To finalize the technical understanding of Section 136, the following comparison table contrasts the power with a standard criminal arrest under Section 24 of PACE.
| Legal Feature | Section 136 MHA | Section 24 PACE (Arrest) |
|---|---|---|
| Primary Goal | Mental Health Assessment | Investigation of an Offence |
| Threshold | Appears suffering / Care / Control | Reasonable Suspicion / Necessity |
| Max Time | 24 Hours (Ext to 36) | 24 Hours (Ext to 96) |
| Location | Public Place Only | Anywhere (Public or Private) |
| Interview | No (Clinical Assessment) | Yes (PACE Cautioned) |
| Record | NHS Health Record Only | PNC Criminal Record |
Detailed Intelligence
Frequently Asked
Questions
What is Section 136 of the Mental Health Act?
Section 136 of the Mental Health Act 1983 is a power that allows a police officer to detain a person who appears to have a mental disorder and is in immediate need of care or control. This power can only be exercised in a public place. Its purpose is to take the person to a 'Place of Safety' for a medical assessment by a doctor and an Approved Mental Health Professional (AMHP).
How long can police keep you under Section 136?
The maximum time you can be detained under Section 136 is 24 hours. This clock starts from the moment you arrive at the first Place of Safety (usually a hospital). In exceptional circumstances, such as a physical medical emergency, a doctor can authorize an extension of up to 12 additional hours, making the absolute maximum 36 hours.
Is Section 136 a criminal arrest?
No, Section 136 is not a criminal arrest. It is a protective power used for safeguarding a person in crisis. You are not suspected of a crime, you will not be cautioned, and the detention does not automatically result in a criminal record. However, it is a deprivation of liberty that must follow strict legal procedures.
Can police use Section 136 in a private house?
No. Section 136 cannot be used in a private dwelling (a house or flat) or any part of a building used as a dwelling. If the police need to detain someone for mental health reasons inside a private home, they must usually obtain a Section 135(1) warrant from a Magistrates' Court, which allows them to enter and remove the person with a doctor and an AMHP.
What is a Place of Safety?
A Place of Safety is a location where a person can be detained for up to 24 hours for assessment. The preferred location is a Health-Based Place of Safety (HBPoS)—a clinical suite in a mental health hospital. Police custody can only be used in 'exceptional' circumstances for adults and is strictly prohibited for anyone under 18.
Can police use force under Section 136?
Yes, police can use 'reasonable force' under Section 117 of PACE to exercise their powers under the Mental Health Act. This includes force to prevent a person from leaving or hurting themselves. However, the force must be proportionate to the risk, and officers are expected to use de-escalation techniques first whenever possible.
Does Section 136 show on a DBS check?
Section 136 will not show on a Standard or Basic DBS check because it is not a criminal conviction or caution. However, it may appear on an 'Enhanced DBS' check if the police believe the information is relevant to the specific job applied for (e.g., working with vulnerable people). This is decided on a case-by-case basis.
Can I be handcuffed under Section 136?
Handcuffs should only be used if there is a specific risk of violence or escape that cannot be managed otherwise. National policing policy states that the use of handcuffs on a person in mental health crisis must be clinically justified and recorded on Body-Worn Video. It is not an automatic procedure.
Who assesses me during Section 136?
You must be assessed by two professionals: a Section-12 Approved Doctor (who has specialist training in mental health) and an Approved Mental Health Professional (AMHP), who is usually a social worker. They decide whether you need to stay in hospital (be 'sectioned') or can be discharged.
What rights do I have while detained under S136?
You have several statutory rights: the right to be told why you are being detained, the right to have someone (friend or relative) informed of your location, the right to legal advice (though this is often deferred until you are at a hospital), and the right to medical treatment for physical health needs.
What happens if the 24 hours run out?
If the 24-hour period (plus any authorized medical extension) expires and a formal assessment or 'section' (like Section 2 or 3) has not been completed, the legal authority to detain you ends. The police or hospital staff must release you unless you are staying voluntarily or another legal power is used.
Can I appeal a Section 136 detention?
Because Section 136 only lasts 24 hours, there isn't a formal Mental Health Tribunal appeal process like there is for longer sections. However, if you believe the detention was unlawful (e.g., you were in a private house), you can pursue a civil claim for 'false imprisonment' or a Human Rights Act challenge after the event.
Do I have to go in an ambulance?
Current UK policy is that people detained under Section 136 should be transported by ambulance to avoid the stigma of a police van. Police may only transport you if an ambulance is not available and the risk of waiting is too high. This is to ensure you are treated as a patient from the outset.
Can someone under 18 be detained under S136?
Yes, the power applies to all ages. However, for those under 18, special protections apply: they must NEVER be taken to a police station as a Place of Safety, and an 'Appropriate Adult' should be involved in the process as soon as possible.
Does Section 136 affect my right to drive?
The detention itself doesn't automatically cancel your license. However, the DVLA requires you to disclose any 'notifiable' mental health condition. If the clinical assessment during Section 136 reveals a condition that affects your ability to drive safely, the doctors have a duty to inform the DVLA or advise you to do so.
Can I refuse medication under Section 136?
While under Section 136, you cannot generally be forced to take psychiatric medication against your will for treatment, as 'Part 4' of the Act (treatment without consent) doesn't apply to S136. However, doctors can still give emergency treatment in your 'best interests' to save life or prevent serious harm under common law or Section 62.
Can I leave the Place of Safety voluntarily?
No. While the Section 136 authority is active (within the 24 hours), you are legally detained and can be prevented from leaving. If you attempt to leave, the staff or police can use force to bring you back. You are only free to leave once the assessors officially discharge you.
Is Chapter 1 of the MHA relevant to S136?
Yes. Section 1 of the Mental Health Act provides the definition of 'mental disorder' which officers must use when deciding to use Section 136. It define mental disorder as 'any disorder or disability of the mind,' excluding things like alcohol or drug dependence on their own.
What if I am already in a hospital when I go into crisis?
If you are already a patient in a hospital, Section 136 cannot be used (as you are not in a public place). Instead, staff would use 'holding powers' under Section 5(2) (by a doctor) or Section 5(4) (by a nurse) to keep you there until a full assessment can be arranged.
Can the police search me under Section 136?
Yes. Under Section 136C of the Mental Health Act, a police officer can search a person detained under S136 if they believe the person may be carrying anything that could cause physical injury to themselves or others. This is a specific power to ensure safety at the Place of Safety.
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