Question from JB1, Do police have to record with paperwork searches under Section 136c of the Mental Health Act? If so, what paperwork should be provided to the detainee? Jurisdiction UK.
Answer from AI:
Understanding Section 136 of the Mental Health Act
Section 136 of the Mental Health Act 1983 (as amended by the Mental Health Act 2007) allows police officers to remove a person who appears to be suffering from a mental disorder and is in immediate need of care or control to a place of safety. This is to ensure the person receives the necessary care and assessment.
Recording Searches Under Section 136c
Section 136c specifically deals with the powers of police officers to search individuals who are detained under Section 135 or 136 of the Mental Health Act. According to this section, police officers have the authority to search a person if they believe the individual may be a danger to themselves or others, or if they suspect the person has items that could be used to cause harm.
Requirements for Recording Searches
Yes, police officers are required to record searches conducted under Section 136c. The recording of these searches is crucial for transparency and accountability. The following steps are typically involved:
- Documentation: The search must be documented in the police officer’s notebook or on a specific form designed for this purpose.
- Details to Include: The documentation should include the reason for the search, the time and place of the search, the items found (if any), and the outcome of the search.
- Notification: The individual being searched should be informed of the reason for the search and their rights during the process.
Paperwork Provided to the Detainee
When a search is conducted under Section 136c, the detainee should be provided with specific paperwork to ensure they are aware of their rights and the details of the search. This typically includes:
- Search Record: A copy of the search record should be provided to the detainee. This document will outline the details of the search, including the reason for the search and any items found.
- Rights Information: Information about the detainee’s rights under the Mental Health Act and during the search process should be provided. This may include a leaflet or a written statement.
Legal Advice and Further Information
While this provides a general overview, it is important to note that specific circumstances can vary. If you or someone you know is affected by a search under Section 136c, it is advisable to seek legal advice. A legal professional can provide personalized guidance based on the specific details of the case.
For more detailed information, you can refer to the [Mental Health Act 1983](https://www.legislation.gov.uk/ukpga/1983/20/contents) and the [Code of Practice for the Mental Health Act](https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983).
Remember, understanding your rights and the procedures involved can help ensure that the process is conducted fairly and transparently.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
Related Posts
Please comment in the comment section below if something is incorrect.