Mental Health Act — Police Powers
The s.136 and s.135 Mental Health Act 1983 powers, Place of Safety requirements, the 24-hour detention time limit, officer responsibilities and de-escalation practice — an officer quick-reference cited to legislation.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What powers let police detain someone in a mental health crisis in England & Wales?
Under section 136 of the Mental Health Act 1983, police can detain a person found in a public place who appears to be suffering from a mental disorder and is in immediate need of care or control, and take them to a Place of Safety for assessment. It is not a criminal power — it is for the person's welfare.
Section 135 covers private premises: a magistrate's warrant, obtained on an AMHP application, is required to enter and remove a person believed to be mentally disordered who is being ill-treated, neglected, or unable to care for themselves. The maximum detention period under these powers is 24 hours from arrival at the Place of Safety — reduced from 72 hours by the 2017 amendments.
A reference to the s.136 and s.135 Mental Health Act 1983 powers, the Place of Safety requirements, the 24-hour time limit and officer responsibilities and de-escalation practice. It is educational reference, not tactical guidance — follow your force policy, training and current law.
S.136 MHA 1983 — Power to Detain (public places only)
Police can detain a person in a public place who appears to be suffering from mental disorder AND is in immediate need of care or control.
Purpose: to take them to a Place of Safety for assessment.
S.135 MHA 1983 — Warrant to Enter (requires magistrate's warrant)
Magistrate's warrant to enter premises where someone believed to be mentally disordered is being ill-treated, neglected, or is unable to care for themselves.
Place of Safety
Should be health-based (hospital or mental health unit), NOT a custody suite.
Custody only as a last resort if the person is too violent for a health setting.
The person must be assessed by an AMHP + registered medical practitioner within this time.
Officer Responsibilities
- Stay with the detainee until handed over to health professionals
- Monitor welfare throughout the detention
- Use minimum necessary force
- Record time of detention, reasons, and handover
- Complete the s.136 form
De-escalation First
Always attempt to de-escalate before resorting to s.136 detention.
- Use a calm, measured voice
- Adopt open body language — no crossed arms
- Give the person space, don't crowd them
- Ask: "How can I help you?"
- Listen actively — don't rush
- Request Mental Health Crisis Team attendance alongside police
- Consider: is this really a s.136, or can the person go voluntarily?
Key Distinction
S.136 — Public places only
Only applies when the person is found in a public place. Cannot be used inside a private dwelling.
S.135 — Warrant for private premises
If the person is in their own home, you need a s.135 warrant (requires AMHP application to a magistrate).
S.17 PACE — Entry to save life
If there is immediate risk to life, s.17 PACE allows entry to premises without a warrant to save life or limb.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Mental Health Act 1983, section 135 — warrant to enter and remove
The magistrate's warrant power to enter premises and remove a person believed to be mentally disordered, on an AMHP application.
Last checked: August 2026 - Verify on official source
Mental Health Act 1983, section 136 — removal of a person in a public place to a place of safety
The power to detain and remove a person from a public place to a Place of Safety, and (as amended) the maximum 24-hour detention period for assessment.
Last checked: August 2026 - Verify on official source
Mental Health Act 1983, section 136A — restriction on places that may be used as a place of safety
A police station may not be used as a place of safety for a child, and only in circumstances specified in regulations for an adult (inserted by the Policing and Crime Act 2017).
Last checked: August 2026 - Verify on official source
Mental Health Act 1983, section 136B — extension of detention
A registered medical practitioner may authorise a single extension of up to 12 hours beyond the 24-hour period. The 24-hour maximum (reduced from the former 72 hours) and this extension were introduced by the Policing and Crime Act 2017.
Last checked: August 2026
Frequently asked
- What is the difference between s.135 and s.136 MHA 1983?
- Section 136 lets police detain a person in a public place who appears to be suffering from mental disorder and is in immediate need of care or control, to take them to a Place of Safety for assessment. Section 135 covers private premises — it requires a magistrate's warrant, obtained on an AMHP application, to enter premises where someone believed to be mentally disordered is being ill-treated, neglected, or is unable to care for themselves.
- How long can a person be held under s.136 MHA 1983?
- A maximum of 24 hours from arrival at the Place of Safety — reduced from 72 hours by the 2017 amendments. Within that time the person must be assessed by an AMHP and a registered medical practitioner.
- Can a custody suite be used as a Place of Safety?
- Only as a last resort, if the person is too violent for a health-based setting. A Place of Safety should be health-based (a hospital or mental health unit), not a custody suite, and since the 2017 amendments no under-18 may be held in custody as a Place of Safety.