Part 4: Police Powers Chapter 4: Powers under the Mental Health Act 1983 Section 82: Periods of detention in places of safety etc
Currently a person detained under section 135 or 136 of the 1983 Act can be held for a maximum of 72 hours pending the required mental health assessment. Subsections (2) and (3) amend sections 135 and 136 of the 1983 Act to replace the 72 hour time limit with the term "permitted period of detention". The "permitted period of detention" is 24 hours from the time a person arrives at a place of safety or the time a police officer decides to keep the person at a place of safety.
	Subsection (4) inserts new section 136B into the 1983 Act. This makes provision for the responsible medical practitioner to authorise the extension of the permitted period of detention (24 hours) by a maximum of 12 hours where the condition of the detainee makes it necessary to do so. Where both the place of safety at which the detainee is being held and the intended place of assessment is a police station, authorisation to extend the permitted period of detention will also require the approval of a police officer of the rank of superintendent or above. This brings the maximum period of detention under sections 135 and 136 of the 1983 Act into line with that which can be authorised by a superintendent under PACE.
	Subsection (5) makes a consequential amendment to section 138 of the 1983 Act which provides for the retaking of patients escaping from custody while being taken to or detained in a place of safety.