http://www.legislation.gov.uk/id/ukpga/2017/3

http://www.legislation.gov.uk/ukpga/2017/3/section/81

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

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Statute Law Database

2024-05-06

Expert Participation

2023-12-26

Policing and Crime Act 2017

specified provision(s)

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

reg. 2

Part 4Police powers

CHAPTER 4Powers under the Mental Health Act 1983

I1 I281Restrictions on places that may be used as places of safety

1

The Mental Health Act 1983 is amended as follows.

2

In section 135 (warrant to search for and remove patients), in subsection (6), omit the words “the occupier of which is willing temporarily to receive the patient”.

3

After subsection (6) of that section insert—

7
For the purpose of subsection (6)—
a
a house, flat or room where a person is living may not be regarded as a suitable place unless—
i
if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety;
ii
if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety;
iii
if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety;
b
a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety.

4

After subsection (7) of that section (inserted by subsection (3) above) insert—

8
This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section.

5

In section 136, after subsection (4) insert—

5
This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.

6

After section 136 insert—

136AUse of police stations as places of safety
1
A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.
2
The Secretary of State may by regulations—
a
provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;
b
make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.
3
Regulations under this section—
a
may make different provision for different cases;
b
may make provision that applies subject to specified exceptions;
c
may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.
4
The powers to which this section applies are—
a
the power to remove a person to a place of safety under a warrant issued under section 135(1);
b
the power to take a person to a place of safety under section 135(3A);
c
the power to remove a person to, or to keep a person at, a place of safety under section 136(1);
d
the power to take a person to a place of safety under section 136(3).
5
In this section—
a
“child” means a person aged under 18;
b
“adult” means a person aged 18 or over.

Part 4Police powers

CHAPTER 4Powers under the Mental Health Act 1983

I1I281Restrictions on places that may be used as places of safety

1

2

3

7

a

i

ii

iii

b

4

8

5

5

6

136AUse of police stations as places of safety

1

2

a

b

3

a

b

c

4

a

b

c

d

5

a

b

I1 I281Restrictions on places that may be used as places of safety