# Detention in public? **URL:** \ **Category:** Mental Health Act\ **Created:** [26 August 2024 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669 "2024-08-26T15:38:23Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![CASTLE](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/b2d939/32.png) [@CASTLE](https://forum.mentalhealthlaw.co.uk/u/CASTLE)\ **Post date:** [26 August 2024 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/1 "2024-08-26T15:38:23Z")
Dear colleagues, I am reaching out for assistance regarding a complex situation that has arisen in a recent case. The scenario involves a patient who has been assessed by two doctors, one of whom is Section 12 qualified, and both have completed the necessary paperwork for detainment under Section 2 of the Mental Health Act (MHA). The Approved Mental Health Professional (AMHP) has submitted the application and completed the A2 paperwork all within the legal timeframes outlined in the MHA. However, a new development has emerged where the patient is not at home, but rather in a wooded area nearby. Intelligence suggests that the patient is in a public place, police are in attendance but have stipulated they will only enact S136 if the patients presentation requires it, prompting the question: Can a patient be detained under Section 2 in a public location, or is detainment limited to their home then conveyed to hospital? Furthermore, are there any restrictions on the initial detainment location for the purpose of conveying the patient to the allocated hospital? As with S135/S136 I would greatly appreciate any insights, guidance, or expertise that you can offer on this matter. Your input will be instrumental in ensuring the proper and lawful handling of this situation should it arise in the future. Any links to legislative evidence would be hugely appreciated Thank you in advance for your assistance. David ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [26 August 2024 16:05 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/2 "2024-08-26T16:05:34Z")
The patient is liable to be taken into custody by virtue of the s.2 application. No other formalities are needed, they can just pick up the person and take to the hospital named in the application. ---
**Author:** ![MentalHealthCop](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/6a8cbe/32.png) [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Post date:** [26 August 2024 16:29 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/3 "2024-08-26T16:29:03Z")
Section 6 allows the applying AMHP to take and convey the person to hospital whilst the med recs remain valid - the application of no other law is required. The police / paramedics, etc., can do this on the AMHPs behalf if they accept the delegated authority under s6 to do so and there should be a local policy about all that — there often isn’t and where there is, they are often inadequate. On a purely practical level, I wish you well persuading the police to accept the authority, in this RCRP world. Their training doesn’t really cover s6 MHA and so can understand why they may reach for the comfort of thinking this is a s136 type request and the RCRP arguments about whether Article 2 or Article 3 is triggered by the situation. Clear and persuasive explanation to the police required from the outset! ---
**Author:** ![Ontopofthings](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/o/c6cbf5/32.png) [@Ontopofthings](https://forum.mentalhealthlaw.co.uk/u/Ontopofthings)\ **Post date:** [26 August 2024 18:05 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/4 "2024-08-26T18:05:23Z")
If your original paperwork was done correctly hejust needs to be conveyed to hospital, however you choose. No need for any other power. You, anf the police already have the power in the form of 2 med recs and the application, which should really go with whoever is conveying ---
**Author:** ![CASTLE](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/b2d939/32.png) [@CASTLE](https://forum.mentalhealthlaw.co.uk/u/CASTLE)\ **Post date:** [27 August 2024 18:47 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/5 "2024-08-27T18:47:08Z")
So in summary when liable to be detained under section 2 a secure ambulance crew (with the AMHP on scene) can effect the detention in public and convey to hospital. It is the IN A PUBLIC PLACE I am trying to fully understand. Thank you in advance David ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [27 August 2024 19:06 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/6 "2024-08-27T19:06:04Z")
Yes, the ‘public place’ issue is irrelevant. ---
**Author:** ![Ontopofthings](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/o/c6cbf5/32.png) [@Ontopofthings](https://forum.mentalhealthlaw.co.uk/u/Ontopofthings)\ **Post date:** [28 August 2024 08:33 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669/7 "2024-08-28T08:33:12Z")
Yes thats right you can section someone wherever you like, public or private makes no difference. The Sec136 is only applicable to the police.