Section 136 Mental Health Act: Police Powers and Patient Rights Explained
Section 136 of the Mental Health Act 1983 gives police officers in England and Wales specific powers to detain and remove a person who appears to be suffering from a mental disorder in a public place, when they appear to be in immediate need of care or control. This article explains clearly what Section 136 means, when it applies, where people are taken, and what rights they retain.
What Is Section 136 of the Mental Health Act?
Section 136 is a short-term emergency power that allows a police officer, without a warrant, to remove a person from a public place to a place of safety for assessment. It is not an admission to hospital or a long-term detention order. It is a mechanism to get someone who appears to be in mental health crisis into a safe environment where they can be assessed by medical professionals.
The legal test for using Section 136 is:
- The person appears to be suffering from a mental disorder
- The person appears to be in immediate need of care or control
- The officer believes it is necessary in the interests of the person or for the protection of others
Section 136 can be used in any public place, streets, parks, public transport, shopping centres. Following amendments introduced by the Policing and Crime Act 2017, private premises are also covered in certain emergency circumstances, though this requires additional conditions to be met.
What Happens After Section 136 Is Used?
Once a person is removed under Section 136, they are taken to a place of safety. The Mental Health Act defines places of safety as:
- A hospital (specifically a mental health unit or a designated Section 136 suite)
- A police custody suite (used only as a last resort and only for adults, it is no longer legally permissible to use police custody as a place of safety for under-18s)
- Any other suitable place where the occupier is willing to receive the person
At the place of safety, the person must be assessed by:
- An Approved Mental Health Professional (AMHP)
- A registered medical practitioner (usually a doctor, often a psychiatrist)
The purpose of this assessment is to determine whether formal detention under another section of the Mental Health Act (such as Section 2 or Section 3) is warranted, or whether the person can be discharged, with or without support, or admitted informally.
How Long Does Section 136 Last?
Following changes introduced by the Policing and Crime Act 2017, Section 136 detention is limited to a maximum of 24 hours. This can be extended for a further 12 hours only if:
- A registered medical practitioner certifies that the extension is necessary
- The person has not yet been assessed
Previously, the maximum duration was 72 hours. The reduction to 24 hours (plus a limited extension) was an important improvement in legal protections for people detained under this power.
Rights of a Person Detained Under Section 136
Being detained under Section 136 does not remove a person’s rights:
Right to know why they have been detained, the person must be told why Section 136 has been used.
Right to have a person notified, the person has the right to have a relative, friend, or other named person informed of their detention and location.
Right to legal advice, the person can request to speak to a solicitor.
Right to an Independent Mental Health Advocate (IMHA), available to all people detained under the Mental Health Act, including Section 136.
Right not to be treated without consent, Section 136, like Section 2 and Section 4, is not a treatment order. In general, a person cannot be given medical treatment against their will under Section 136 alone unless they lack mental capacity under the Mental Capacity Act 2005 and treatment is in their best interests.
Section 136 and Police Mental Health Liaison
The use of Section 136 has been a focus of significant policy reform in recent years. Key developments include:
Street triage, many UK police forces have introduced mental health nurses or approved mental health professionals who work alongside police officers to assess mental health calls in real time. This reduces inappropriate use of custody and improves outcomes for people in crisis.
Crisis cafés and sanctuaries, community-based alternatives to clinical settings where people in mental health distress can access support informally. These have been shown to reduce demand for Section 136.
NHS 111 mental health option, introduced from 2023, providing a dedicated mental health pathway within NHS 111 to divert people in mental health crisis away from police contact and towards clinical support.
Supporting Long-Term Mental Health After Crisis
People who have experienced a Section 136 detention, or who are supporting someone who has, often face significant ongoing challenges around trust, nervous system recovery, and emotional regulation in the weeks and months that follow.
At Herba Naturalle, the Nervous System Reset Bundle is designed to support the physiological dimension of this recovery, calming the surface nervous system, reducing chronic physiological stress activation, and supporting the body’s gradual return to a state of safety and calm.
You can read more at About Herbal Medicine or contact the clinic.
The Herba Naturalle 3-Step Bundle
The Herba Naturalle Bundle supports long-term recovery from mental health crisis and nervous system dysregulation:
Step 1, Restore Digestion: Digestive health is foundational to nervous system regulation and emotional recovery.
Step 2, Calm the Surface Nervous System: The Nervous System Reset directly addresses the physiological nervous system over-activation that persists after crisis.
Step 3, Heal the Smooth Muscle Lining: Deep systemic inflammation perpetuates physiological stress. The Smooth Muscle and Immune Reset Bundle targets this hidden layer.
This article is for informational purposes only and does not constitute legal advice. If you or someone you know is in mental health crisis, call 999, NHS 111, or Samaritans on 116 123.