Supposed scenario - someone is detained 136 and is exceptionally volatile (but not meeting the immediate risk of death/serious harm to others that would enable custody to be used).
The person then assaults staff, and is arrested for such, conveyed to custody (officers hoping they can then have the assessment in custody) where their detention is refused and they are told to take the person back to the place of safety.
Person is taken back to place of safety, assessed and discharged, so taken back to custody re: the assault. Custody then refuse as their detention as their detention has already been refused and there is no new evidence, and they are told that PACE does not permit them to be accepted into custody in the absence of new evidence.
Three questions -
a) is it possible to arrest someone for an offence after s136 has been used?
b) if a is possible, at what point should they be conveyed to custody (bearing in mind they are already under s136)?
c) the fact that their detention was refused in custody as the sergeant believed them to have MH needs, now we know that they do not - would that not be considered ānew evidenceā.