Nearly four years in to writing this BLOG and I’ve never done a post explaining the main inpatient provisions under the Mental Health Act. I would argue that officers do need to have a sense of what they mean, because aspects of how these sections operate affect policing decisions that can be subsequently necessary – so I’ve decided to cover it. From understanding the point at which someone becomes ‘sectioned‘, all the way to understanding timescales that might apply to the re-detention of a patient who has absconded from care – all relate back to understanding various important sections of the Act.
The sections I am going to cover in this post are those contained in Part II of the Act, what sometimes are called the ‘civil’ sections of the Act (as opposed to the ‘criminal’ sections in Part III which are imposed within the operation of the criminal justice system).
MAIN ADMISSION PROVISIONS
There are two provisions officers need to know about as they are the ones that occur most frequently...
Where do the legal powers come from in the Mental Health Act 1983? – by this question I mean: what section of the Act do you point to when cross-examined in a court to explain from exactly where you derive the authority to do as you did? There are various coercive things that are necessary where the Act is involved and once decisions have been taken to do them, to what authority would you point to authorise that use of force? Police officers quite like answers to questions like this, not least because we find clear understandable answers to those questions in the substantive criminal law that we rely upon so much when making arrests or doing stop & searches. Most officers of relatively little service will tell you confidently that they draw upon three main areas –
Section 3 of the Criminal Law Act 1967 – which actually allows anyone to use reasonable force to prevent crime or to lawfully apprehend offenders.
Section 117 of the Police and Criminal Evidence Act 1984 – which allows police officers to use...
Teenager jailed after raping a man 1 day after the victims 18th birthday
August 28, 2015, 7:17 pm
A Manchester teenager is today starting a 11yr 8mth jail sentence and a 5 year extended license after pleading guilty to rape, attempted rape, and burglary of a male, 1 day after the victim turned 18.
A court heard how the male victim who was living in supported accommodation in Manchester was asleep in bed with his partner when he was disturbed by voices and people walking around on the landing going out to investigate he was met by the defendant who was stood with another resident and was acting aggressively and appeared to be high on drink and drugs the victim said that there was white powder around the defendants nose, during the course of the confrontation the defendant said to the victim ” Do you want me to rape you”
The victim was ordered into a bedroom and the door locked...