Following on from a conversation earlier about S136 of the Mental Health Act.

Categorically, this is NOT a power of arrest. It’s a power of detention for assessment.

However, I want to address some points made earlier to me about the #MentalHealthAct

Yes, it is listed in Schedule 2 of the Police and Criminal Evidence Act (PACE). However, this is to provide police officers with their powers to use force under S117 of PACE.

Schedule 2 does not fundamentally change the power under S136.

The @CollegeofPolice clearly state in

Their guidance about detention, this is the word they used until they mention Schedule 2;

https://www.app.college.police.uk/app-content/mental-health/mental-health-detention/#police-powers-to-enter-and-detain

I am aware that some forces do mention arrest in guidance and this is wrong. Those who are detained under S136 have done nothing illegal (unless they have

Committed criminal offences at the same time). By using this language it makes it sound like the police are saying the individual has done something wrong.

Am I surprised as a police officer with over a decade experience that forces still use this terminology? No, we use the

Wrong language a lot. It’s unfortunate and needs to change but hey, I only work in one force and I’m not a miracle worker.

If you’ve been detained under S136 it’s because the officer in question is worried about you and wants to help. Not to punish you for something that is

Beyond your control.

I only mentioned that it’s not an arrest earlier because it’s important we differentiate. If it was an arrest we’d have to caution, take to the nearest designated police station and lots of other arrest based restrictions/guidelines.

The discussion earlier ended up hijacking someone’s thread and I’ve DM’d them to apologise.

This may seem odd this thread by I’m a #AutisticPolice Officer and needed to get this out of my head.

#S136 #Detained #MentalHealthSupport

*but