# \#police **URL:** https://forum.mentalhealthlaw.co.uk/tag/police/25.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [Assessment under the MHA whilst under arrest](https://forum.mentalhealthlaw.co.uk/t/assessment-under-the-mha-whilst-under-arrest/3559)
**Author:** [@dan2023](https://forum.mentalhealthlaw.co.uk/u/dan2023)\ **Replies:** 1\ **Last updated:** [12 April 2025 10:15 UTC](https://forum.mentalhealthlaw.co.uk/t/assessment-under-the-mha-whilst-under-arrest/3559 "2025-04-12T10:15:09Z")
Can someone be assessed under the Mental Health Act whilst under arrest or do they need to be de-arrested first and/or put on a S136? Also, can they be arrested and brought to A&E for assessment whilst still under arrest… --- ## [Police interview of autistic person without appropriate adult](https://forum.mentalhealthlaw.co.uk/t/police-interview-of-autistic-person-without-appropriate-adult/3375)
**Author:** [@anon88676405](https://forum.mentalhealthlaw.co.uk/u/anon88676405)\ **Replies:** 15\ **Last updated:** [10 March 2025 07:39 UTC](https://forum.mentalhealthlaw.co.uk/t/police-interview-of-autistic-person-without-appropriate-adult/3375 "2025-03-10T07:39:37Z")
If the police are called to someone in a care home displaying challenging behaviour, taken away unaccompanied by staff, locked up in a police cell overnight, interviewed without an appropriate adult. The individual is a… --- ## [MCA being assessed by Police](https://forum.mentalhealthlaw.co.uk/t/mca-being-assessed-by-police/2933)
**Author:** [@halley](https://forum.mentalhealthlaw.co.uk/u/halley)\ **Replies:** 3\ **Last updated:** [13 November 2024 07:07 UTC](https://forum.mentalhealthlaw.co.uk/t/mca-being-assessed-by-police/2933 "2024-11-13T07:07:49Z")
Hi there, I just have a question regarding MCA. I see a lot of instances in which a patient is conveyed to A&E by both, Police and ambulance staff. When patients are brought in, they say that the patient is under MCA. … --- ## [Powers to search under s136/s135 query](https://forum.mentalhealthlaw.co.uk/t/powers-to-search-under-s136-s135-query/2684)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 2\ **Last updated:** [5 September 2024 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/powers-to-search-under-s136-s135-query/2684 "2024-09-05T10:54:16Z")
I have had a query from health today and am looking for some advice. They were discussing s136/135 assessments that take place. Someone gave an example of police coming to the property with them, along with secure trans… --- ## [Common Law powers of detention?](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 6\ **Last updated:** [19 October 2023 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957 "2023-10-19T16:41:20Z")
Just browsed the recent judgment in Clark v Chief Constable of Merseyside Police \[2023\] EWHC 2565 (KB) and was a bit confused. It references “common law powers” for detaining people without specific lawful authority. I… --- ## [Absconder from s136 - does the clock stop?!](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 3\ **Last updated:** [5 July 2023 18:28 UTC](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700 "2023-07-05T18:28:07Z")
Question about someone who absconds from detention under s136 MHA (or s135(1) MHA, for that matter) whilst at a Place of Safety. If someone is retaken within the 24hrs permitted period of detention, did the clock stop w… --- ## [Where (location) can a police officer search (using s136C) a person detained under s136 MHA 1983](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993)
**Author:** [@PaulineGerrard](https://forum.mentalhealthlaw.co.uk/u/PaulineGerrard)\ **Replies:** 2\ **Last updated:** [15 December 2022 18:33 UTC](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993 "2022-12-15T18:33:12Z")
There seems to be a difference of opinion here. If the subject is not under arrest ( as defined by law/gov.uk) for any offence and has been detained correctly and appropriately under sect 136 - then isn’t 136 (C) more ap… --- ## [Can the police use s136 again?](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 1\ **Last updated:** [15 December 2022 12:38 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409 "2022-12-15T12:38:58Z")
Can the police use s136 again following a persons escape from legal custody if they have escaped from a HBPoS? s138 provides for the person to be retaken before the end of the relevant period, however, what happens when … --- ## [Health Based Place Of Safety - Responsibilities (Health and Policing)](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 5\ **Last updated:** [13 December 2022 18:47 UTC](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407 "2022-12-13T18:47:04Z")
I am trying to establish at what point after arrival at a HBPOS the police responsibility effectively ends and when the officers can lawfully withdraw leaving the patient in the care of health professionals. what protoc… --- ## [Should a Magistrate issue a s135(1)(b) MHA 1983 warrant solely on the basis the subject has a mental disorder and is refusing to take his/her medication?](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043)
**Author:** [@AnetKalu](https://forum.mentalhealthlaw.co.uk/u/AnetKalu)\ **Replies:** 0\ **Last updated:** [3 July 2022 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043 "2022-07-03T10:19:01Z")
The dilemma I was once asked by a frustrated healthcare professional how a mental health practitioner is expected to evidence to the court that a schizophrenic is unable to care for himself so that a warrant can be obta… --- ## [Section 136 and "de-arrest"](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 2\ **Last updated:** [9 June 2021 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530 "2021-06-09T19:10:10Z")
Thanks a lot, Simon. Also, I am looking for guidance in following scenarios: Someone is arrested by the police; then showing symptoms mental disorder (either in public place or in police station)- then the police de-… --- ## [Police power to disclose offences](https://forum.mentalhealthlaw.co.uk/t/police-power-to-disclose-offences/531)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [26 May 2021 19:25 UTC](https://forum.mentalhealthlaw.co.uk/t/police-power-to-disclose-offences/531 "2021-05-26T19:25:23Z")
Does anyone know whether the police have the power to disclose the convictions of an offender to neighbours etc. where the offender was convicted prior to 1996 and is ,therefore, not subject to the Sex Offender’s registe…