How long can the police hold me under Section 136?

Section 136 is a gateway to assessment, not a punishment. You have not been arrested and you have not been charged with anything. The power lets an officer take you from a public place to a place of safety where you appear to have a mental disorder and to be in immediate need of care or control — and the maximum period is 24 hours.

The time limit and where you can be held

• 24 hours, extendable by a further 12 hours, to a maximum of 36, only where a doctor decides in writing that additional time is necessary to complete the assessment. Extensions need specific statutory justification and are not routine.
• You must be assessed as soon as practicable — examined by a registered medical practitioner and interviewed by an Approved Mental Health Professional.
• A health-based place of safety is strongly preferred, usually a dedicated suite within a psychiatric unit. A police cell can only be used where your behaviour poses a serious and imminent risk to the safety of others and a health-based place of safety cannot safely manage that risk. For under-18s a police cell is never lawful.
• If the time runs out with no assessment completed and no application made, you must be released.

Your rights while you are there, and afterwards

You must be told why you are being held and what is happening. You should be able to let a relative, friend or carer know where you are, unless that would risk harm to others. You can ask for legal advice, and you are entitled to an Independent Mental Health Advocate — ask staff to contact the service for you.

There are three possible outcomes: you are released, with support arranged rather than simply sent away; you agree to be admitted informally; or an application is made to detain you under Section 2 or Section 3. Section 136 is a civil detention, not a criminal one, so it should not appear on a standard DBS check — though information about mental health detentions can in limited circumstances be disclosed on an enhanced check for certain roles.

If you were held without ever being assessed, held beyond the lawful period, or treated badly, complain in writing — to the police force, with serious complaints referable to the Independent Office for Police Conduct; to the NHS trust responsible for the place of safety; and to the Care Quality Commission where the problem is with the service itself. Where the power was used unlawfully, a solicitor can advise on a civil claim for false imprisonment. Mind (0300 123 3393) can talk the options through with you.