Four United Kingdom watchdog bodies have criticised the overuse of detention in police custody for those suffering from mental illnesses. Under section 136 of the Mental Health Act 1983 if a police constable finds an individual with a mental disorder in a public place who is in immediate need of care and control, the police constable can bring that person to a “place of safety” so they can be medically assessed. A person can be detained for up to 72 hours by the police while waiting to be examined by a doctor and interviewed by an approved Mental Health Professional.
Current guidelines state that individuals should be brought to a hospital in all but exceptional circumstances. However, in 2011-2012, 9000 people were detained in police custody under section 136 powers, while 16,000 were brought to hospital.
People who can be detained under section 136 include elderly people suffering from dementia and those at risk of committing suicide. The report found that these detained people were being treated like people arrested under criminal laws, and were generally being locked in a cell rather than detained in any other part of the station. While an individual arrested under criminal law can only be detained in police custody for 24 hours, those detained under section 136 can be held for up to 72 hours.
The report recommends that the section 136 Codes of Practice be amended to bring detention times in line with the Police and Criminal Evidence Act 1984 (which permits a maximum of 24 hours in police custody). It also recommends that the period of detention should be subject to regular independent reviews, so that action is taken to transfer the detained person to a health-based place of safety as soon as is practicable.
Click here to view the full report.
The UK has previously faced criticism for its treatment of mentally ill persons in custody. In May 2012, in the case of MS v United Kingdom, the European Court of Human Rights (ECtHR) held that the UK had violated the Convention by failing to provide appropriate care for an individual suffering from a severe mental disorder in police custody. Bulletin readers may recall that MS had been detained for four days after being found in his car sounding his horn continuously.
According to a report on the execution of MS v United Kingdom submitted to the Council of Europe on 31 May 2013, a number of relevant changes have been introduced, including;
- A protocol has been agreed between the Health Service and the Police;
- An amendment was added to the Mental Health Act 1983 and the Code of Practice to allow a person to be transferred from a police station to a hospital;
- The National Policing Improvement Agency has published various documents to provide guidance to the police on how to recognise and best respond to people with mental health problems.
By way of comparison, in Ireland under section 12 of the Mental Health Act 2001, a member of An Garda Síochána can take a person suffering from a mental disorder into custody if he or she believes there is a serious likelihood of the person causing immediate and serious injury to himself or herself or to other persons. The Garda is then required to contact a medical practitioner for a recommendation. The Mental Health Reform manifesto Guiding a Vision for Change observes that while the Gardaí encounter individuals with mental disorders regularly they have no formal training on how to recognise or deal with them. A 2009 Report on the Joint Working Group on Mental Health Services and the Police has recommended increased training for the Gardaí in dealing with mental disorders among members of the public.