How Do Police Deal With Mental Health During Arrest?

Police officers in England and Wales regularly encounter individuals experiencing mental health difficulties. The law recognises that these situations require a different approach from standard criminal enforcement, combining legal powers with safeguarding duties and healthcare considerations. As a result, police must balance their role in preventing crime with the need to protect vulnerable individuals and ensure access to appropriate medical care.

This article explains how police deal with mental health during arrest, the legal framework that applies, the rights of individuals, and the practical consequences for investigations and potential legal claims.

The Role of Police in Mental Health Situations

Police are often the first responders to incidents involving mental health crises. However, they are not healthcare professionals. The legal framework therefore aims to ensure that:

• Individuals in crisis receive medical assessment and care;
• Police powers are used only where necessary;
• Vulnerable individuals are protected from harm and unfair treatment.

This approach has been reinforced by policies such as the “Right Care, Right Person” model, which emphasises that police involvement should focus on risk, safety, and criminality, with healthcare services taking the lead wherever possible.

Key Legal Framework

Police and Criminal Evidence Act 1984 (PACE)

PACE governs arrest, detention and questioning. It requires:

• Lawful arrest based on reasonable suspicion and necessity;
• Safeguards for vulnerable suspects, including those with mental health conditions;
• Fair treatment and proper procedures during custody and interviews.

Mental Health Act 1983

The Mental Health Act 1983 provides specific powers for dealing with individuals in mental health crisis:

• Section 136 – allows police to remove a person from a public place to a place of safety if they appear to be suffering from a mental disorder and need immediate care or control.
• Section 135 – allows police, with a warrant, to enter private premises to assist someone believed to be mentally unwell and in need of care.

These powers are distinct from arrest powers and are primarily protective rather than punitive.

Arrest vs Mental Health Detention: Key Differences

Arrest for a Criminal Offence

If a person with mental health issues is suspected of committing an offence:

• Police may arrest under PACE;
• The investigation proceeds in the usual way, but with added safeguards;
• Mental health needs must be addressed during custody.

Detention for Mental Health Reasons

If the primary concern is the person's safety rather than a crime:

• Police may use Section 136 (in public) or Section 135 (with a warrant);
• The person is taken to a health-based place of safety, such as a hospital;
• The purpose is assessment by mental health professionals, not criminal investigation.

Importantly, Section 136 should not be used simply as an alternative to arrest where a criminal offence is suspected.

Places of Safety and Custody Rules

Preference for Healthcare Settings

Modern law and policy strongly favour health-based places of safety, such as NHS facilities:

• Police stations should be used only in exceptional circumstances;
• Individuals under 18 must never be detained in police cells for mental health purposes.

Time Limits

A person detained under Sections 135 or 136:

• Can usually be held for up to 24 hours for assessment;
• This may be extended by up to 12 hours in exceptional clinical circumstances.

These limits ensure that individuals are assessed promptly and not held unnecessarily.

Treatment of Mental Health During Arrest and Custody

Identification of Mental Health Needs

When a person is arrested:

• Officers must identify signs of mental illness or vulnerability;
• Information may come from behaviour, prior records, or third-party reports;
• This information must be passed to the custody officer.

Custody Risk Assessment

On arrival at the police station:

• A risk assessment is conducted;
• Mental health concerns are recorded;
• Appropriate monitoring and care arrangements are put in place.

Involvement of Healthcare Professionals

Police custody suites often have access to:

• Healthcare professionals (such as nurses or doctors);
• Mental health liaison and diversion teams.

These professionals assess the detainee and recommend appropriate care or further action.

The Role of the Appropriate Adult

Safeguard for Vulnerable Suspects

If a suspect is considered mentally vulnerable, they are entitled to support from an appropriate adult under PACE.

This applies to:

• Individuals with mental illness;
• Those with learning disabilities or cognitive impairments;
• Anyone unable to fully understand police procedures.

Functions of the Appropriate Adult

The appropriate adult:

• Helps the suspect understand their rights;
• Ensures fair treatment;
• Supports communication during interviews.

Without an appropriate adult, interviews may be considered unfair or inadmissible in court.

Interviews and Evidence Gathering

Fitness for Interview

Police must ensure that a suspect is fit to be interviewed:

• They must understand questions and their legal rights;
• They must be able to provide reliable responses.

If a suspect is not fit:

• Interviews must be delayed;
• Medical advice may be required;
• Alternative arrangements may be considered.

Legal Consequences

If police interview a mentally unwell suspect without proper safeguards:

• Evidence may be excluded by the court;
• The prosecution may be weakened;
• The case may collapse.

Use of Force and Mental Health

Police may use reasonable force where necessary, but mental health is a critical factor:

• Officers must consider the person's vulnerability and risk of harm;
• Force must be proportionate and justified;
• De-escalation techniques are prioritised where possible.

In mental health crises, the emphasis is on safety and containment, not punishment.

After Arrest: Charging, Bail and Diversion

Charging Decisions

When mental health is involved:

• Prosecutors consider public interest factors, including the suspect's condition;
• Alternatives to prosecution may be explored.

Diversion from the Criminal Justice System

Where appropriate, individuals may be diverted to:

• Mental health services;
• Community support programmes.

This reflects the principle that not all behaviour linked to mental illness should be dealt with through criminal prosecution.

Legal Risks and Potential Claims

For Police

Failure to properly manage mental health issues can result in:

• Unlawful detention claims;
• Claims for inhuman or degrading treatment;
• Disciplinary action or investigations.

For Individuals

Understanding legal rights can help individuals:

• Challenge improper procedures;
• Raise complaints;
• Seek compensation where harm has occurred.

Practical Example

A person is found in a public place expressing suicidal intent:

• Police assess the situation and determine there is no immediate criminal offence;
• They use Section 136 to take the individual to a hospital;
• The person is assessed within 24 hours by mental health professionals;
• Further care or treatment is arranged.

This approach prioritises healthcare over criminalisation.

Common Questions

Can police arrest someone with mental illness?

Yes. Mental illness does not prevent arrest if legal grounds exist, but additional safeguards apply.

Can police detain someone for mental health without arresting them?

Yes, under Sections 135 or 136 of the Mental Health Act, where the focus is on safety and assessment.

Are mentally vulnerable suspects treated differently?

Yes. They receive enhanced protections, including appropriate adults and medical oversight.

Key Takeaways

Police dealing with mental health during arrest must operate within a dual framework of criminal law and mental health law:

• Arrest powers under PACE still apply where offences are suspected;
• Protective powers under the Mental Health Act allow removal to a place of safety;
• Individuals should be taken to health-based environments, not police cells, wherever possible;
• Vulnerable suspects must receive appropriate adults, medical care, and fair treatment;
• Failure to follow these safeguards can lead to legal challenges, evidence exclusion, and compensation claims.

The overall aim is to ensure that individuals experiencing mental health difficulties are treated with care, dignity and legal protection, while maintaining public safety.