Duration of s136

Law and practice Mental Health Act
1

Hi

Taken from Jones:

The power to detain under this section (136) will lapse as soon as the person has been examined and interviewed and it is considered that no further arrangements need to be made for his treatment or care. If it is determined that such arrangements have to be made, the person can continue to be detained, subject to the permitted period, while the arrangements are put in place.

Can a s136 detention continue to run following assessment then to facilitate all the necessary arrangements needed i.e locate bed to support informal/voluntary admission?

Thanking you in advance for your thoughts.

2

Hi

Apologies I have my answer after reading the text a page or two later in Jones under necessary arrangements and the answer is yes.

4

Some of the problems associated with s.136 and its duration/extension, are to do with the use of the word ‘assessment’. This is not found in s.136 but the drafters of the Policing & Crime Act included it when the extension provision under s.136B was inserted and the poorly drafted associated guidance to the P&C Act did not help either.

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