A little lack of knowledge can be a dangerous thing –
A couple of years ago, I learned of a perculiar incident in a police force area that would have made a great blog to emphasise a point, but it was so specific, I withheld from doing it, in case it self-identified those involved. I have since learned of two other cases under review where a similarly distinct legal point was at heart of what occurred. I’ve also heard this from AMHPs recently and I’m at a loss as to where it comes from: hence this post.
It concerns the police execution of warrants issued under s135(1) of the Mental Health Act 1983 and whether we must, by law, work out in advance where the person may be removed to. So the exam question is this:
Is it lawful to execute a s135(1) warrant and take the decision to remove someone to a Place of Safety even if nowhere has been pre-identified to act as a PoS under the Act and / or where no bed has been pre-identified for the patient’s admission?
And the answer is: YES, it is lawful.
LAW v POLICY
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