Extension of powers under sections 135 and 136 of the Mental Health Act 1983

Policing and Crime Bill – in the House of Commons at 7:20 pm on 13 June 2016.

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Amendments made: 94, page 91, line 21, leave out from beginning to “other” in line 23 and insert—

‘( ) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place,”

Currently, clause 74(4) prevents a constable entering a house, flat or room where a person is living for the purpose of exercising a power under section 136 of the Mental Health Act 1983, as amended by the clause. This amendment ensures that a similar restriction applies where the constable is already at a house, flat or room where a person is living and becomes aware that a mentally disordered person is at the place (whether or not he or she is the person living there). In such a case, a constable may be able to apply for a warrant under section 135 of the 1983 Act but cannot act without a warrant under section 136.

Amendment 95, page 91, line 28, at end insert—

‘( ) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.” —(Mike Penning.)

This amendment is consequential on amendment 94.

Clause 77