# S135(1) or s135(2) warrant

**URL:** <https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708>\
**Category:** Mental Health Act\
**Tags:** mha-assessment\
**Created:** [9 July 2023 22:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708 "2023-07-09T22:16:26Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Anthony11](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/c68b51/32.png) [@Anthony11](https://forum.mentalhealthlaw.co.uk/u/Anthony11)\
**Post date:** [9 July 2023 22:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708/1 "2023-07-09T22:16:26Z")

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Mental Health Act assessment completed but no bed available at the time of the assessment. Bed becomes available a day or two later and an application for s2 or 3 is completed by the AMHP who did the assessment. Patient now not allowing entry to their property to convey them to hospital. Which warrant do you apply for s135(1) or s135(2)??

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**Author:** ![ClaireB](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/7ab992/32.png) [@ClaireB](https://forum.mentalhealthlaw.co.uk/u/ClaireB)\
**Post date:** [10 July 2023 03:13 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708/2 "2023-07-10T03:13:39Z")

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S135(2) because he is now ‘liable to be detained’ ie the AMHP has signed the papers. Claire

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**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:** [10 July 2023 05:38 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708/3 "2023-07-10T05:38:48Z")

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135(2) - they are now liable to be detained once application made.