- Arrested or Detained
Mental Health Provisions
People with mental health conditions have specific legal protections at the police station. These must be identified and enforced from the moment of detention.
Recognition of vulnerability
PACE Code C requires custody officers to identify vulnerability on arrival at the police station. If you or someone you care for has a mental health condition, learning disability, or other vulnerability, this must be recorded and additional safeguards applied immediately.
The appropriate adult requirement
Where a detainee is identified as mentally vulnerable, an appropriate adult must be called. No interview can take place until they are present. The appropriate adult attends not just as an observer but to assist communication, ensure the process is fair, and to raise concerns on your behalf.
Section 136 Mental Health Act
- Police can use s.136 to remove a person from a public place to a place of safety
- The place of safety should be a hospital, not a police station
- You must be assessed by a mental health professional and Approved Mental Health Practitioner
- A solicitor can attend and advise during this process
How we help
- Immediate attendance at the police station on notification
- Ensuring vulnerability is properly recorded by the custody sergeant
- Challenging any interview that proceeds without proper safeguards
- Liaising with appropriate adults, mental health professionals, and social services
- Advising on fitness to be interviewed and fitness to plead
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