30 Years On - Still Room for Improvement? A critical evaluation of significant changes to police powers under Section 136 of the Mental Health Act 1983, in accordance with implemented changes from the Policing and Crime Act 2017. LLM Masters Dissertation, University of Central Lancashire

Abstract

Section 136 of the Mental Health Act is concerned with ‘mentally disordered’ people requiring ‘care’ or ‘control.’ Prior to the implementation of Sections 80-83 (inclusive) of the Policing and Crime Act (2017), Section 136 of the Mental Health Act (1983) stated:
“If a constable finds in a place to which the public have access a person who appears to him to be suffering from a mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety”

“A person removed to a place of safety under this section may be detained there for a period not exceeding 72 hours for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved social worker and of making any necessary arrangements for his treatment or care”.

Academic evidence and findings from official reports, contributed to a growing awareness that there were however some significant and controversial issues surrounding Section 136, which suggested that the provisions were not fit for purpose. Legislative change was however dilatory, but the Policing and Crime Act (2017) made significant changes to police powers under Section 136 of the Mental Health Act (1983). Without careful consideration, it appears that many of the controversial aspects of police powers under Section 136 were seemingly addressed. Although a closer consideration to the provision alongside academic materials and evidence, suggests that some of the problematic issues have simply been replaced with other issues, which they, may in turn, require redress. However, concrete findings cannot be asserted, given that the legislation is still very much in its infancy. turn, require redress. However, concrete findings cannot be asserted, given that the legislation is still very much in its infancy