Part 4: Police Powers Chapter 4: Powers under the Mental Health Act 1983 Section 83: Protective searches: individuals removed etc under section 135 and 136 of the Mental Health Act 1983
At present a person detained under section 136(1) of the 1983 Act may be searched under a general power to search upon arrest. This is because section 136(1) of the 1983 Act was specifically preserved as a police power of arrest under Schedule 2 to PACE. Schedule 2 is a preservation of certain powers of arrest and the general power to search upon arrest is found at section 32 of PACE. This section amends the 1983 Act to enable constables to carry out searches where a warrant is issued under 135(1) or (2) or where a person is detained under section 136(2) or (4).
	This section, which inserts new section 136C into the 1983 Act, complements the provisions in section 81, which widen the definition of a place of safety, by enabling police to conduct protective searches of a person in places where police officers may not currently have explicit powers of search.
	New section 136C of the 1983 Act enables a police officer to search a person who is subject to section 135 or section 136(2) and (4) if the officer has reasonable grounds for believing that the person has a dangerous item concealed on them and presents a danger to themselves or to others. New section 136C(4) and (5) provide safeguards to ensure that the search is only used to the extent that is reasonably required to discover the item, and is limited to a search of outer clothing and the mouth. New section 136C(7) provides that this search power does not affect any existing powers to search the person.