Section 136 Removal etc of mentally disordered persons without a warrantF11

If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—

The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—

For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.

Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—

A person F3removed to, or kept at, a place of safety under this section may be detained there for a period not exceeding F4the permitted period of detention for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an F5approved mental health professional and of making any necessary arrangements for his treatment or care.

In subsection (2), “the permitted period of detention” means—

A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of F8the permitted period of detention mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of F9the permitted period of detention mentioned in that subsection.

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.