Quick Guide – s135 or Assessments on Private Premises

  • This quick guide is an attempt to “operationalise” some complex issues but you should refer to your own force policy and your supervisors for specific local requirements.
  • INTIAL ACTION
  • Decide whether the police are going to attend the assessment:
  • There is a legal duty only where the AMHP has a warrant OR where there are predicted RAVE risks
  • Otherwise – it is discretionary.
  • If there are RAVE risks from the patient, ask for a s135(1) warrant to be obtained – document any refusal / inability.
  • Yes, the AMHP absolutely CAN apply for a warrant even if they know they can obtain access.
  • The point of doing so, is the warrant allows the management of risk once inside, by removing for assessment in a place of safety, if need be.
  • If there are RAVE risks from a third party, familiarise yourself with:
  • s115 MHA – AMHPs right of inspection to premises – no power of entry to do so;
  • s129 MHA – criminal offence of obstructing an AMHP in the course of their duty
  • Ensure the quick guide for conveyance is your next read.
  • LEGAL REMINDERS
  • Whether to apply for a warrant is a decision for the AMHP
  • Whether to ask for a warrant, is the right of the police.
  • Without a warrant under s135(1) of the Mental Health Act, the police have NO powers to use force until: –
  • the AMHP has ‘sectioned’ the patient or unless a criminal offence is attempted or a breach of the peace apprehended.
  • With a warrant under s135(1) , the police can force entry if need be, and remove to a place of safety if thought fit.
  • Whether to remove to a place of safety is a decision for the police.
  • If you do so, follow the same procedure as if for s136 MHA.

______________________________________________________________________
The Mental Health Cop blog

Badgewon the ConnectedCOPS ‘Top Cop’ Award for leveraging social media in policing.
won the Digital Media Award from the UK’s leading mental health charity, Mind
– won a World of Mentalists #TWIMAward for the best in mental health blogs

ccawards2013 was highlighted by the Independent Commission on Policing & Mental Health
– was referenced in the UK Parliamentary debate on Policing & Mental Health
was commended by the Home Affairs Select Committee of the UK Parliament.

 


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