Police powers Police powers under the Mental Health Act 1983
The Mental Health Act 1983 ("the 1983 Act") provides for action to be taken, where necessary, to make sure that people with mental disorders get the care and treatment they need for their own health or safety, or for the protection of other people, even if the individual concerned does not consent to the action being taken. It sets out the criteria that must be met before such measures to compel compliance can be taken, along with protections and safeguards for patients. It also sets out the civil procedures under which people can be detained in hospital for assessment or treatment of mental disorder. In addition, the 1983 Act makes provision concerning the treatment and care of those accused of, and those convicted of, an offence.
	It is intended to provide a balance between the need to detain a person, when this is necessary for health and safety reasons, while at the same time safeguarding the individual’s civil liberties. Sections 135 and 136 of the 1983 Act confer powers on the police to temporarily remove people from private premises (section 135) or a public place (section 136) who appear to be suffering from a mental disorder and who need urgent care to a 'place of safety' specified in section 135(6), so that a mental health assessment can be carried out and appropriate arrangements made for their ongoing care if necessary.
	In February 2014 the Government published the Mental Health Crisis Care Concordat for England to ensure that all those involved in supporting someone in a crisis work together to improve the system of care. In agreeing this Concordat, the 22 (now 28) national signatory organisations from across health, social care and policing signed up to a number of actions that can be found in the document. The Welsh Government has also published, in December 2015, a Concordat for Wales along a very similar set of principles. Both Concordats set out the standard of response that a person experiencing a mental health crisis should be able to expect.
	Approaches, such as street triage schemes whereby mental health nurses and paramedics accompany police officers to such incidents or provide telephone support, have resulted in a more co-ordinated response. Improved local practice and access to services in some areas has led to a reduction in the number of times police cells were used for a person detained under section 136 in England from 8,667 in 2011/12 to 3,996 in 2014/1520.
	In December 2014, the Home Office and Department of Health published the outcomes of a joint review of the operation of sections 135 and 136. The review examined the practical implications of existing practice and was informed by a wide range of views (through over 1,000 survey responses). The published review included recommendations for a number of legislative changes to sections 135 and 136 (as well as some non-legislative recommendations).
	The Department of Health included these recommendations in a wider public consultation announced on 6 March 2015 (House of Commons, Official Report, WS355 and House of Lords, Official Report, WS332) - No voice unheard, no right ignored: a consultation for people with learning disabilities, autism and mental health conditions (Cm 9007). The Government response to that consultation (Cm9142) was published on 10 November 2015 (House of Commons, Official Report, WS302 and House of Lords, Official Report, WS297) and included the following actions:
	"an end to the use of police cells as a place of safety for children and young people detained under sections 135 or 136 of the Mental Health Act 1983;
	no one detained under sections 135 or 136 to be held in a 'place of safety' for more than 24 hours without being assessed by a relevant professional and either discharged or admitted."
	The College of Policing ran a consultation on their new guidance for dealing with people with mental health problems between 11 November and 1 January 2016. The new guidance - Mental Health Authorised Professional Practice - was published on 3 August 2016.
	Chapter 4 of Part 4 gives effect to these actions and other changes to sections 135 and 136 recommended in response to the earlier review.