Section 136The police power
The commonest way people reach a place of safety.
Section 136 lets the police act when someone appears to have a mental disorder and to need immediate care or control. Since 2017 they can use it almost anywhere except a home. Before they do, they must consult a health professional if that's practicable, and that call is often the moment a detention can be avoided.
Your job on the health side is to assess quickly. The 24 hours run from arrival at the place of safety. A doctor can extend them by up to 12 hours, but only when the person's condition means the assessment can't be done in time. A police station is a last resort for adults, and never allowed for under-18s.
What is section 136 of the Mental Health Act?
Section 136 lets a police officer remove someone to a place of safety, or keep them at one. The person must appear to have a mental disorder and to be in immediate need of care or control. Removal must be necessary in their interests or to protect others (s136(1)).
It's there for assessment: a doctor's examination, an 's interview, and any arrangements for treatment or care (s136(2)). It isn't a substitute for an application, even for someone who'd only need a short stay (Code 16.25).
Section 136 criteria and the duty to consult
- How it appears to the officer. No diagnosis is needed. Since 2017 the officer no longer has to find the person in a public place (guidance 2.3, 2.6).
- Consult first, if practicable. A doctor, registered nurse, AMHP, occupational therapist or paramedic, for example through street triage or a control-room line (s136(1C); 2017 Regulations reg 8; guidance 2.14).
- The officer decides. And records who they consulted and what was advised, or why consulting wasn't practicable (guidance 2.12, 2.17).
- Entry. The officer can enter any place where s136 applies, by force if need be (s136(1B)).
Where can section 136 be used?
Anywhere except a home (s136(1A)). That rules out a house, flat or room where anyone lives, and a garden, yard, garage or outhouse used only with it. A shared garden or car park for a block of flats can count.
- Places it covers. Railway lines, rooftops of commercial buildings, offices, schools and police stations (guidance 2.3).
- Hospital wards. Technically yes, but the police shouldn't be called to a ward to use it. Use the s5 holding powers instead (Code 16.20).
- Homes and care home rooms. A care home resident's own room normally counts as their home (guidance 2.5). In a home the route is s135, and nobody should coax the person outside to use s136 (Code 16.18).
How long does section 136 last?
- 24 hours. From arrival at the place of safety, or from the officer's decision to keep the person where they are (s136(2A)). Travel and waiting outside don't count (guidance 4.2).
- The emergency department counts. If they're taken there first for treatment, the clock starts on arrival (guidance 4.4).
- Transfers don't reset it. The clock keeps running if they're moved between places of safety (s136(3), (4)). Back-to-back s136s are unlawful (Code 16.26).
- The 12-hour extension. The doctor responsible for the examination can add up to 12 hours, to 36 in all. It's only for when the person's condition, such as severe distress or intoxication, makes it impracticable to finish the assessment in time (s136B; guidance 4.5, 4.6).
- Never for staffing. A late AMHP or doctor isn't a reason. At a police station, a superintendent must also approve it (guidance 4.6; s136B(3)). The detention clock works out the times.
The assessment at the place of safety
- Who and when. A doctor, s12 approved wherever possible, and an AMHP, ideally together and as soon as possible. Without a clinical reason to wait, the Code calls attendance within three hours good practice (Code 16.46, 16.47).
- Under-18s. A CAMHS consultant, or an AMHP experienced with this age group, should assess (Code 16.49).
- Intoxication. It shouldn't keep someone out of a health-based place of safety, except as local policy allows (Code 16.44).
- No mental disorder. The person must be released, even before an AMHP sees them. If there's a disorder but no need for admission, the AMHP should still see them (Code 16.50, 16.51).
- The outcome. Discharge, informal admission, an application under section 2 or s3, or other care. The power ends once arrangements are made (Code 16.50). Section 4 is rarely justified, and s5 can't extend the hold (Code 16.75, 16.76).
Places of safety and the police station rules
A place of safety can be a hospital, a care home for people with mental disorder, council residential accommodation, a police station, or any other suitable place (s135(6)). Usually it's a health-based s136 suite (guidance 3.1). A home needs the person's agreement and, unless they live alone, an occupier's too (s135(7)).
- Under-18s. Never a police station, with no exceptions (s136A(1)). See children and young people.
- Adults. Only for behaviour posing an imminent risk of serious injury or death that no other place of safety in the area could manage. A healthcare professional must be present so far as reasonably practicable, and an inspector or above must authorise it if the decision-maker is more junior (2017 Regulations reg 2).
- While they're there. A healthcare professional checks on them at least every 30 minutes, and the custody officer reviews at least hourly (regs 4, 5). PACE Code C applies, and they should be told they aren't suspected of a crime (Code 16.43, 16.66).
- What's coming. The 2025 Act removes police stations as places of safety. It isn't in force, and DHSC places it after 2029.
The rules in brief
- The power. A police officer can remove a person who appears to have a mental disorder and to need immediate care or control to a place of safety. If they're already at a place of safety, the officer can keep them there.
- Where. Anywhere except a house, flat or room where someone lives, or its garden or garage. In a home, the route is s135.
- Before using it. The officer must consult a doctor, nurse, AMHP, occupational therapist or paramedic, if practicable.
- Length. 24 hours from arrival at the place of safety, or from the officer's decision to keep them at one they were already in. If they go to the emergency department first for treatment, the clock starts there.
- Extension. The doctor responsible for the examination can add up to 12 hours if the person's condition makes it impracticable to finish the assessment in time. Not for delays in getting staff there.
- Assessment. By a doctor and an AMHP. If no application is needed, they're free to go.
- Police stations. Never for under-18s. For adults only in exceptional cases under the 2017 regulations.
Read more: MHA 1983, s136 · MHA Code of Practice 2015, chapter 16: Police powers and places of safety · Police powers and places of safety guidance 2017 (s135-136)
Work out the dates → · Find the right power → · Section 136 at a glance
Section 135Warrants to enter
The route when the person is at home and the team can't get in.
What is section 135 of the Mental Health Act?
Section 135 is a magistrate's warrant that lets the police into private premises, by force if need be. There are two kinds. Section 135(1) is for someone in the community who may need assessment. Section 135(2) is for a patient who's already liable to be taken or returned somewhere under the Act.
It's the route when the person is at home and the team can't get in, because s136 can't be used in a home.
Section 135(1) warrant: criteria and procedure
- The lays information on oath before a magistrate. The person doesn't have to be named (s135(1), (5)).
- The magistrate needs reasonable cause to suspect that a person believed to have a mental disorder has been, or is being, ill-treated, neglected or kept otherwise than under proper control. The alternative ground is that they live alone and can't care for themselves.
- Expect to be asked whether you've tried to get in without a warrant. A refusal isn't required, but record your reasons if you haven't tried (Code 16.11).
- Plan the place of safety and transport before you apply, and help the police assess the risks of entry (Code 16.5, 16.6, 16.16).
- The officer must go with an AMHP and a doctor, ideally s12 approved (s135(4); Code 16.4).
- Inside, the AMHP and doctor decide what's needed. If it's safe and the person agrees, assess them at home. If the home is agreed as a place of safety, they can be kept there, and otherwise they can be removed to one if needed (s135(1A); Code 16.7, 16.8).
How long does section 135 last?
After a s135(1) warrant, the person can be held for up to 24 hours. The clock starts on arrival at the place of safety, or when the officer first entered if they're kept at the premises (s135(3ZA)). The same 12-hour extension as s136 is available, on the same clinical grounds (s136B).
A s135(2) warrant has no place-of-safety period. It gets the patient to where they ought to be, such as the hospital they're absent from.
Section 135(2): taking or retaking a patient
- Who applies. A police officer, or anyone the Act authorises to take or retake the patient (s135(2)).
- The grounds. Reasonable cause to believe the patient is on the premises, and entry has been refused or a refusal is expected.
- When it's used. For a patient who is absent without leave, or one who needs taking to hospital, when access is refused or likely to be (Code 16.14).
- Who goes. The officer may take a doctor, and someone authorised to take or retake the patient. That person should ideally be from the hospital, and for a patient from their team (s135(4); Code 16.15).
Section 135 vs section 136
| Section 135(1) | Section 136 | |
|---|---|---|
| Where | Private premises named in the warrant | Anywhere except a home |
| Who starts it | An AMHP, by laying information before a magistrate | A police officer, after consulting a health professional if practicable |
| Warrant | Yes | No |
| Who must attend | A police officer, an AMHP and a doctor | A police officer |
| How long | 24 hours, plus up to 12 | 24 hours, plus up to 12 |
| Typical case | Someone deteriorating at home who won't let the team in | Someone in crisis on a bridge, in the street or at work |
Emergency entry and transport
A warrant takes time to get. In a real emergency, the police can enter under s17(1)(e) of PACE to save life or limb, but that gives no power to remove or detain anyone (Code 16.13).
The person should travel by ambulance or other health transport. For a s135 warrant, the AMHP, hospital or council arranges it, and the police shouldn't normally need to transport them. For s136, the police arrange it and escort the person (Code 16.16, 16.41).
Treatment and rights on sections 135 and 136
Neither section gives a power to treat. doesn't apply, so it's consent, or the if they lack capacity for that decision (s56(3)(b); Code 16.72). In a hospital place of safety, the managers must give s132 information (Code 16.69).
There's no tribunal and no statutory (s66; s130C(2)). The police can search for items that could cause injury, including in the mouth. They can't require the person to take off more than an outer coat, jacket or gloves (s136C).
The rules in brief
- s135(1). On an AMHP's information, a magistrate can issue a warrant letting the police enter premises. It's for someone believed to have a mental disorder who is being ill-treated, neglected or not kept under proper control, or who lives alone and can't care for themselves.
- Who goes. The police officer must be accompanied by an AMHP and a doctor. The person can be assessed there or taken to a place of safety.
- s135(2). A warrant to enter and take, or take back, someone already liable to be taken or retaken, such as a patient who is .
- Place of safety. Up to 24 hours, with a possible 12-hour extension, as for s136.
Read more: MHA 1983, s135 · MHA Code of Practice 2015, chapter 16: Police powers and places of safety · Police powers and places of safety guidance 2017 (s135-136)
Work out the deadlines
Periods of days and months include the starting day. A section 2 starting on 1 January ends at the end of 28 January, and a section 3 starting on 1 January ends at the end of 30 June. Check every date with your Mental Health Act office.
Questions trainees ask
How long can someone be held on section 136?
24 hours from arrival at the place of safety. The doctor responsible for the assessment can extend it by up to 12 hours if the person's condition makes that necessary.
Can section 136 be used in someone's home?
No. It works anywhere except a house, flat or room where someone lives. In a home the route is a s135 warrant.
Can a police station be a place of safety?
Never for under-18s. For adults only in exceptional circumstances, under the 2017 regulations.
What is the difference between section 135 and 136?
Section 135 needs a magistrate's warrant and is for private premises, usually someone's home. Section 136 needs no warrant and works anywhere except a home. Both lead to an assessment within 24 hours, extendable by 12.
Can section 136 be extended?
Yes, by up to 12 hours, by the doctor responsible for the examination. It's allowed only if the person's condition makes it impracticable to finish the assessment in time, never for staffing delays.
What happens after a section 136 assessment?
The person is discharged, admitted informally, or detained under s2 or s3 if an applies with two medical recommendations. The s136 ends once the assessment is done and the arrangements are made.
Can police use force under section 135?
Yes. A s135 warrant lets the police enter the premises it names, by force if need be. Any restraint must be necessary and proportionate to the risk of harm.
Can you be treated against your will on section 136?
No. doesn't apply to ss135 and 136, so treatment needs your consent, or the Mental Capacity Act if you lack capacity to decide.
Test yourself
Police find a distressed man on a railway bridge who appears to have a mental disorder. Which power?
Show the answer
A. Section 136 lets the police remove someone from anywhere except a home to a place of safety.
Section 136. The AMHP is running late and the 24 hours will run out. Can the doctor extend by 12 hours?
Show the answer
B. The extension is for clinical reasons, not staffing. If the person is at a police station, a superintendent must also approve it.
Quick-fire
Section 136 detention lasts up to (before any extension)
Show the answer
24 hours
A s136 extension can add up to
Show the answer
12 hours