Police procedure when sectioning after/during an arrest -- whether to declare arrest for visa purposes

Friend of mine was sectioned a few years ago, but only recently realised they were in fact arrested.

It was a severe psychosis so a bit of a blur for them, but they were arrested for an assault in their home and came to in a psych ward. They didn’t even realise they had been arrested and not just sectioned until recently.

This was was 2 and a half years ago now. They’d never been in trouble with the law before and the victim was not injured and did not wish to make a complaint.

They remember being cuffed and taken to a police station in cuffs and standing somewhere for a few minutes (though could have been a few hours) and being watched by two police officers before the cuffs came off and they were driven to a psychiatric ward and put on a section.

My friend is curious if they were “de-arrested” in this context, for visa purposes. So they don’t have to declare anything as the arrest was never formally processed. They never received any follow up at all from the police regarding the incident. No paperwork, nothing. A witness recently told my friend that they were read their rights in their home etc… but they were so unwell they don’t even remember it and they’re a bit upset to find out they were arrested first rather than straight up sectioned. What would the likely procedure be here for this? Would there be an arrest on record, or would it be a de-arrest in the above context? My friend’s understanding is that a dearrest doesn’t “count” as an arrest for visa purposes, so doesn’t need to be declared (though of course that’s a whole separate topic).

Taking your description at face value, this doesn’t sound like your friend was “de-arrested”, which is an informal term but usually means someone being released from arrest before they reach a police station.

If someone has reached a police station, the custody officers is obliged by law to open a custody record and that will the be the clue as to what went on - people are entitlted to a copy of the custody record (usually within 12 months, but in the special circumstances here of someone mentally ill who was sectioned and did not understand what happened, they may be inclined to make an exception or at least explain what occurred.)

This sounds like your friend either had their detention denied (which is highly unusual, so unlikely) or they were detained at the police station so they could be assessed under the MHA and were then diverted from arrest without being charged.

Either way, the police should be willing to confirm which it was so I would write in and ask for clarification, specifically so they can answer visa application questions accurately.

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As a retired ASW I totally agree with Michael. However, your friend may have to declare being detained on a section on the visa form . . .

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