Police Powers - Search and Removal

hello. Welcome to this mental health law training session from Data Law. This session is about police powers in regard to mentally disordered patients found in public places. My name is Steph Barber, and I'm a consultant with Law Hound. I'm a retired solicitor, Andi I was previously a member off the Law Society's accredited panel. Insofar as mental health law is concerned, Section 136 off the Mental Health Act 1983 or the MH A provides that if a constable finds a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control in a public place than the Constable may if he thinks it's necessary to do so in the interests of that person or for the protection off other persons, remove that person to a place of safety. The Policing and Crime Act 2017 or the PC A makes quite significant changes to Section 136 on DSO. We're going to examine those changes on look at the impact in so far as mentally disordered patients are concerned on, according to Section 136 subsection one, this power can be exercised by a constable. If it appears to that constable that a person is suffering from mental disorder and to be in immediate need of care or control on, of course, under Section one off the MH A. The currents definition of mental disorder is any disorder or disability off the mind, and that power is to be exercised provided that it's necessary to do so in the interests of either that person or for the protection of other persons. Prior to the PC A. That power enabled a constable to remove a person who met the criteria to a place of safety. However, the PC A extends this beyond just a removal to include keeping someone at a place of safety. Andhra moving a person from one place of safety to another. So following the PC A Section 1361 as amended, states that if the criteria are met, the constable can remove the person to a place of safety. On. That is a place of safety as defined within Section 135 of the MH A, or if the person is already at a place of safety to keep the person at that place or remove the person to another place of safety on the one thing that PC A does now add is a potential safeguard in that the constable needs to obtain a professional opinion where possible. So the PC A now actually ads in the new obligation before someone can be removed by a constable and under the new section 136 subsection one. See before the constable can decide to remove a person to or keep a person at a place of safety. Under that section, the constable must if it's practicable. To do so, consult either a registered medical practitioner or a registered nurse, all unapproved mental health, professional or air person off a description, which will be specified in regulations made by thes secretary off state. And so, of course, we're left with examining if it's practicable to do so. So how is the consultation with a mental health professional actually going to work in practice for Imagine the scenario. There's a mentally disordered person in a very public place, such as a shopping center on. There's a very real danger off harm either to that person, himself or to others. Now, some police forces already have the potential to deal with this by having someone such as a registered mental health nurse available in the control room. But you have to examine realistically how feasible it's going to be to, for example, have access to a doctor. That is, the registered medical practitioner and mind who, of course, specialized in mental health matters and support, point out that this safeguard increases the likelihood of someone being linked to appropriate mental health support without the use of compulsory powers. All, of course, it very much remains to be seen how and when it may be reasonably practical. To carry out that professional consultation, you'll notice that the amendment also brings about scope for introducing someone else in terms of this consultation. At the time of recording this session, we're currently waiting information about exactly what the guidelines to the changes will bring on who may be actually included as a professional. That Constable could consult with Section 136 means the power can be exercised if a mentally disordered person is found in ah public place under Section 136 subsection one A, as amended by the P. C. A. We know that the following cannot be regarded as public places since they are specifically excluded. And that is any house flat or room where that person or any other person is living. Or any yard, garden, garage or outhouse that is used in connection with house flat or room, other than the one that is also used in connection with one or more houses, flats or rooms so effectively in accordance with Section 136 subsection one Ah, public place will effectively be anywhere other than a whole or residence. It means potentially that shared access or communal areas such as gardens may well now be regarded as a public place. So is the mentally disordered person who's found by the constable in a public place on is going to be taken or capture to a place of safety going to actually be under arrest? Well, that person is not detained under the Police and Criminal Evidence Act Oh, pace. In fact, advice from the College of Policing makes it clear that under pace when it's necessary to detain any person Section 28 of Pace requires, the detainee must be told that they have Bean arrested on the grounds for that arrest. A soon as is practicable. However, arrest or detention by the police is normally associate ID with suspicion of criminal behavior, and therefore telling a person who's mentally vulnerable without any further explanation that they've bean arrested or being detained might cause considerable additional distress. Instead, when using Section 136 officers should make it clear to people that they will have to come with the police because of the officers concern for their well being on that they have no choice in the matter. And that advice also states that, using professional judgment off the circumstances, the officers should explain to the individual in a considered on a and pathetic manner Wani. They're being removed under Section 136 of the MH A, where they're being taken to on what is likely to happen. So let's examine the use of force well under Section 136 subsection one B as amended by the PC A. In order to exercise the power in Section 136 subsection one, the constable may enter any place where the power may be exercised if need be by force in terms of any form of restraint, including the use off handcuffs the College of Policing advises that officers should not use methods of restraint on people with mental ill health or vulnerabilities. However, unless it's absolutely necessary, they should be reserved for emergencies and circumstances in which the safety off, the person, the public, the police officer, Onda, other professionals is at risk. And we know from the mental health code off practice or the code that it's very much that all forms of restraint have to be a very last resort when it comes to people who are suffering from a mental disorder. Section 136 refers to removal to a place of safety on following the PC. A. Being kept in a place of safety or being removed from one place of safety to another on the place of safety is defined under Section 135 subsection six, which prior to the PC a included residential accommodation provided by the local Social Services Authority on Depart three of the National Assistance Act Ah hospital as defined within the MH A, an independent hospital or care home for mentally disordered persons AH, police station and any other suitable place, the occupier of which is willing temporarily to receive the patient for quite some time. There have been a number off concerns about the use of a police station as a place of safety and P. C A. Section 136 A is actually added in to help alleviate those concerns. In particular, it states that Children, that is anyone under 18 cannot be removed to kept or taken to AH police station as a place of safety. The new section also provides for further guidance to be issued regarding the use of police stations as places off safety at the current time. The regulations are not available on, so we don't really know what they're going to contain. However, we do know that the regulations will determine that adults, that is, those who are aged 18 or over will only be able to be removed to kept at or taken to a police station as a place of safety only in circumstances which will be specified within those regulations. Andi. The regulations will also determine how adults are to be removed to kept at or taken to a police station on more importantly, how they're going to be treated, Andi reviewed at the present time, if the person is taken to a police station as a place of safety, Then the person is usually assessed by either on a M H P or and a Section 12 doctor. If a written application is going to be made for that person's admission to hospital, then the custody officer must, of course, decide whether the person is going to be charged with the crime or whether, in fact, that process will be completely bypassed on what is any of a suitable place cannot be the person's own home. While Section 136 refers to the removal or following the PC A being kept at a place of safety or transferred from one to the other. Andi enabled someone to be taken to any of a suitable place, the occupier of which is willing temporarily to receive the patient. And does the charity mind point out? Sometimes people were taken to their home as a place of safety by the police. Under their Section 136 powers, PC A will regularize this by clarifying the following at Section 135 subsection one A of the mh A, so that when, considering this type of place of safety, house flat or room where a person is living may not be regarded as a suitable place unless if the person believed to be suffering from a mental disorder is the sole occupy off the place. That person agrees to the use off the place as a place of safety or if the person believed to be suffering from a mental disorder is one off the occupiers of the place but not the soul occupier. Then both that person on at least one of the other occupiers agreed to the use of the place as a place of safety or if the person believed to be suffering from a mental disorder is not on occupy off that place. Both that person on at least one off the occupies agrees to its use as a place of safety, so very much clarifying that it requires consent both from the person who is believed to be suffering from a mental disorder, Onda at least one of the other people who may be occupying the premises. However, where the proposed place of safety is not going to be a house flat or room where a person is living that is a residence, then the proposed place of safety will not be regarded as suitable unless the constable exercising the powers under the section obtains the agreement off the person who appears to be responsible for the management of the place that it can in fact be used as a place of safety so in effect, were appropriate. A person who consents can remain in their own home, for example, for assessment, although, of course, if it's a shared property, the police will have to obtain consent from the other occupies. Of course, that is against the background, that it's not always appropriate for someone to be left in their own home. In any event on so, the concern is to ensure that the home is not going to be used as a default place for every mentally disordered patients, even though it's inappropriate where a person is going to be capital removed to a place of safety. Under Section 136 then, the PC A also adds in Section 136 C to enable protective searches to be carried out. And so Section 136 c enables a constable to carry out a search. If the constable has reasonable grounds for believing person may present a danger to himself or herself or to others. Andi is concealing on his or her person on item that could be used to cause physical injury to himself or to others. Onda. The power to search can be exercised at any time. Whilst the person is subject to Section 136 the search is limited. It does not authorize a constable to ask a person to remove any of his or her clothing other than an outer coat, jacket or gloves. However, it does authorize a search of a person's mouth. The powers also allow for anything which is found to be seized and retained if the police officer has reasonable grounds for believing that the person search might use it to cause physical injury to themselves or to others. So how long can somebody be capital detained under Section 136 well in accordance with E. M. H. A. It's 72 hours. However, the PC a means that the period of detention is now 24 hours, which in accordance with the added section 136 B starts at the time when the person arrives at that place of safety and guidance from the Royal College Off Psychiatrists is that the assessment should be started within three hours unless there are clinical grounds for today and therefore it's to deal with those potential clinical grounds for delay that the PC A inserts section 136 b to enable detention to be extended by a further 12 hours beginning immediately at the end of the period off 24 hours on That could be extended by the registered medical practitioner, who is responsible for the examination off the person being detained under section 136 but only if the registered medical practitioner considers that the extension is necessary because of the condition of the person detained is such that it would not be practicable for the assessments for the purposes off section 136 to be carried out before the end of the 24 hours, or if the assessments already begun within that period for it to be completed before the end of the 24 hours. However, if the person is detained at the police station on, the assessment is going to be either carried out or completed, they're then the registered medical practitioner can only provide that authorization if an officer of the rank off superintendent or above approves it. So following the PC A. The maximum detention anywhere would now be 36 hours with the last 12 hours requiring specific authorization. And that brings us to the end of this session on Thank you for joining me, Steph Barber.