What is Section 136?
Section 136 of the Mental Health Act 1983 gives police the power to remove a person from a public place to a designated place of safety if they appear to have a mental disorder and to be in immediate need of care or control. It is not an arrest. It does not appear on a criminal record.
What happens during a Section 136 detention
- You are taken to a designated place of safety — usually a specialist mental health suite, not a police cell
- You are assessed by a doctor and an Approved Mental Health Professional (AMHP)
- The maximum initial detention is 24 hours, which can be extended to 36 hours if needed to complete the assessment
- After assessment, you may be discharged, admitted informally, or detained under a further section of the Mental Health Act
Your rights under Section 136
You have the right to be told why you are being detained, to have someone informed of your whereabouts, to see a doctor, and to speak to an Independent Mental Health Advocate (IMHA). You also have the right to legal advice.
Section 136 itself does not allow treatment without your consent. Treatment without consent requires a separate legal process.
After a Section 136
If you were detained under Section 136 and want to understand what happened, your rights going forward, or what letters you may receive from the mental health team, your care coordinator or community mental health team can explain. Mind and Rethink Mental Illness both provide free information and advocacy support.