The police and section 135(1) of the Mental Health Act 1983

Abstract

The police play a very important role in society. It is, basically, maintenance of the peace through law enforcement, prevention of crime and provision of social support. One aspect of their provision of social support, so far as mentally disordered persons are concerned, is their role under section 135(1) of the Mental Health Act 1983, about which there is a paucity of studies, in contrast with section 136 of that Act. This paper aims to contribute to the meagre literature on section 135. It looks at the role of the police and the origins of section 135(1). It analyses the subsection as it presently operates, makes some observations (including a comment on the House of Lords' decision in Ward v Commissioner of Police for the Metropolis and Another [2005] that there is no requirement for the names of professionals to be stated in a warrant issued under the subsection) and suggests how the subsection should be amended in order both to make it clearer and to reduce anxiety on the part of the person to be removed to a place of safety.