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Easy read version

Section 136: Police Powers

If you are in a mental health crisis, the police can take you somewhere safe to be looked after. This is called Section 136. It is not an arrest.

What Is Section 136

Section 136 is a law that lets the police help someone who is having a mental health crisis in a public place.

  • The police can take you to a safe place for a check-up
  • This is not the same as being arrested
  • You have not done anything wrong
  • The aim is to keep you safe and get you the right help

The safe place is usually a health centre or hospital — not a police cell.

Your Rights

Even when you are taken to the safe place, you still have important rights.

  • You must be seen by a doctor and a social worker as soon as possible
  • You can tell someone where you are — a family member or friend
  • You can ask for a mental health advocate (IMHA) to support you
  • You can ask for legal advice
  • You must be told what is happening and why

You can only be held for up to 24 hours. After that, you must be released or assessed properly.

What Happens After the Assessment

After a doctor and social worker see you, one of three things will happen:

  • You go home — with support organised for you
  • You agree to stay in hospital voluntarily for more help
  • Doctors decide you need to stay in hospital for longer under a different section of the law

If you are not happy with what happens, you can complain. An advocate (IMHA) can help you understand your choices.

If Something Went Wrong

If you think the police or hospital did not treat you properly, you can complain.

  • Complain to the police about how they treated you
  • Complain to the hospital about the care you received
  • Ask Mind or the Samaritans for advice and support

Section 136 should never feel like a punishment. You deserve dignity and care.

Questions people often ask

Will this go on my criminal record?

No. Section 136 is not an arrest. It does not go on a criminal record. It should not normally appear in a standard background check.

Can my child be taken to a police cell under Section 136?

No. Children must be taken to a health-based safe place, not a police cell. This is the law.

How long can they keep me?

The maximum is 24 hours. In rare cases this can extend to 36 hours, but only with written approval from a doctor.

Can I refuse to go with the police?

Section 136 gives police the power to take you even if you do not agree, if they believe you are in danger. However, you can ask to speak to an advocate (IMHA) who can support you.

Where to get help

See the full guide

Easy read version last reviewed 2026-06-15.