This section looks at Section 136 of the Mental Health Act. It gives information about professionals you might meet, when this section is used. And what will happen if it is used.
- Section 136 is part of the Mental Health Act. This is a law.
- The police can use Section 136 when you are in public. They can hold you where you are. Or take you to a place of safety. Police can use this section if they think you have a mental illness and you need care or control.
- A place of safety could be your home, your friend’s or relative’s home, a hospital or a police station. The police can move you from one place to another.
- You should get a mental health assessment whilst on this section.
- Medical examiners can keep you on this section for up to 24 hours. This can be extended for 12 hours.
- After your mental health assessment you may be discharged. Or you may stay in hospital under a different section of the Mental Health Act.
- Under Section 136 you have the right to be told why you have been detained, get legal advice, ask the police or hospital to tell someone where you are and get mental health treatment.
- You can’t be taken from your home under Section 136. But you can be under Section 135.
This section covers:
- What professionals will I meet?
- What is Section 136?
- When is Section 136 used?
- What will happen if Section 136 is used?
- How long will I be on Section 136?
- What are my rights?
- Can I be treated against my will?
- What will happen when Section 136 ends?
These pages have been developed in line with Information Standard principles. Last reviewed in August 2015. Next review August 2018.
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