I’ve had a few questions today about the legal terminology “arrest” for the detention of people under s136 Mental Health Act 1983 in England / Wales; which would also apply to a130 Mental Health Order 1986 in Northern Ireland. Things are different in Scotland – see below:
I’ve also had queries via twitter today – @mentalhealthcop – about wording upon ‘arrest’ or detention; CRB checks for s136 and so on. So here are a few bullet points which should address them all. Let me know if I missed any and I’ll add to this:
- Is this an ‘arrest’?
- In Scotland you have been ‘detained’ and the word ‘arrest’ is not legally applicable.
- If you have been ‘detained’ or ‘helped’ or some other vernacular that may be preferred, then in England, Wales and Northern Ireland you have, in law, been ‘arrested’.
- Detention under s136 MHA is a ‘preserved power of arrest’…
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