Policing and Mental Health Inspector Michael Brown OBE West Midlands Police Mental Health Coordinator 19th October 2017

33% of all UK police demand is connected to ‘mental health’ – victims, suspects or crisis. 26% UP over the three years to 2015. 50% deaths in police custody. 66% deaths following contact. 47% of ECD deployments (taser). 60% of criminal suspects. 33% of all missing people. All of police legitimacy – keep people safe / alive.

Section 136 MHA – Any public or private place, except – A “house, flat or room” where that person or another lives, or any non-communal “yard, garden, garage or outhouse” connected to such a place - more detail. Must consult before, where practicable, with a DR, nurse or AMHP. Who should the officers ring? This is information or advise only – the decision to detain is the officer’s. When considering if it is practicable, the person is free to walk away until such time as the officer decides to detain them. Section 136 can only occur if a person is in immediate need of care or control – how immediate is that need if the police have time to make phone calls? They must strike a balance!

Place of Safety – You cannot, ever, take a child to a police station as a Place of Safety – No-one under 18yrs. NB: not a ban on custody; it is a ban on police stations. More detail. An adult can only be detained in a police station in exceptional circumstances This is not yet defined. A person can only be detained for 24hrs – unless a Doctor authorises an extension up to 36hrs. Extension only if there was a delaying in undertaking the assessment because of the condition of the person: not because of bed problems! More detail. Everytime officers use this power: call an ambulance, anyone with RED FLAGS to A&E, everyone else should go to whichever PoS is locally identified, unless they can identify another solution. Police stations are only for adults only in exceptional circumstances.

Searches – Anyone detained under s136 MHA is able to be searched on arrest, subject to the criteria of s32 PACE – New power to search, on reasonable grounds, under s136C after arrival at a PoS for anything that may be used to cause harm or escape. The authority is ongoing whilst the person remains detained. You can also now search someone at any point after you have executed a search warrant under s135(1) or s135(2) MHA – the power is s136C(1) – The authority lasts until the end of detention under s135(1) OR until the person detained under s135(2) has arrived back at the place you were taking them. Officers are authorised to retain possession of anything they find during that search which could be used for causing harm and retain it until the end of the assessment. Anything found which is prohibited by an offence can be retained indefinitely after being seized under s19 PACE. More detail.

Further reading – https://mentalhealthcop.wordpress.com/2017/03/02/the-paca-series/

Inspector Michael Brown Twitter @mentalhealthcop www.facebook.com/mentalhealthcop www.mentalhealthcop.wordpress.com