The Mental Health Act 1983 (Places of Safety) Regulations 2017

Circumstances in which a police station may be used as a place of safety

2.—(1) An adult (“A”) may only 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 section 136A of the Act applies(1) where—

(a) the decision-maker is satisfied that—

(i) the behaviour of A poses an imminent risk of serious injury or death to A, or to another person,

(ii) because of that risk, no place of safety other than a police station in the relevant police area can reasonably be expected to detain A, and

(iii) the requirement in sub-paragraph (b) of regulation 4(1) will be met, and

(b) where the decision-maker is not an officer of the rank of inspector or above, an officer of that rank or above authorises that A may be removed to, kept at, or taken to a place of safety that is a police station.

(2) Before determining that the circumstances in paragraphs (i) to (iii) of paragraph (1)(a) exist, a decision-maker who is a constable must, if it is reasonably practicable to do so, consult—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an approved mental health professional, or

(d) a person of a description specified in regulation 8(1).

(3) In this regulation—

“decision-maker” means—

(a)

in relation to the exercise of a power under section 135(1) or 136(1)(2) of the Act, the constable exercising that power,

(b)

in relation to the exercise of a power under section 135(3A) or 136(3) of the Act, the constable or approved mental health professional who—

(i)

exercises that power, or

(ii)

authorises a person to exercise that power,

“relevant police area” means the police area in which A is located when a power to which section 136A of the Act applies begins to be exercised in relation to A.

(1)

By virtue of section 136A(4), the powers to which that section applies are: the power to remove a person to a place of safety under a warrant issued under section 135(1), the power to take a person to a place of safety under section 135(3A), the power to remove a person to, or to keep a person at, a place of safety under section 136(1), and the power to take a person to a place of safety under section 136(3).

(2)

Section 135 was amended by paragraph 26 of Part I of Schedule 6, and Part 1 of Schedule 7, to the Police and Criminal Evidence Act 1984 (c.60), paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990 (c.19), paragraph 9(9) of Schedule 4 to the Care Standards Act 2002 (c.14), section 44(2) of, and paragraph 10(a) of Schedule 2 to, the Mental Health Act 2007 (c.12), and S.I. 2015/914 and 2016/413. There are other amendments but none are relevant. Section 136 was amended by section 44(3) of, and paragraph 10(b) of Schedule 2 to, the Mental Health Act 2007.