This section looks at Section 136 of the Mental Health Act. It gives information about when and how this section is used. It explains what your rights are on this section. And what could happen after it ends.
- Section 136 is part of the Mental Health Act. This is a law.
- Police can use this section if they think you have a mental illness, and you need ‘care or control’.
- They can’t use this section when you are at home. Or if you are in someone else’s home.
- The police can use Section 136 to take you to a place of safety. Or to keep you somewhere, if you are already in a safe place.
- A place of safety could be your home, your friend’s or relative’s home, a hospital, or a police station.
- You should get a mental health assessment whilst on this section.
- You can be kept on this section for up to 24 hours. This can sometimes 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 this can happen 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 my doctor treat me if I don't want it?
- What will happen when Section 136 ends?
These pages have been developed in line with Information Standard principles. Last reviewed in August 2018. Next review August 2021.
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