Dear Scotland, . Your Mental Welfare Commission has recently published a snapshot report about Police Scotland’s use of ‘place of safety orders’ under the Mental Health (Treatment and Care) Act (Scotland) 2003 – the MHA(S), if you prefer.  Section 297 MHA(S) is the equivalent power to section 136 of the Mental Health Act 1983, the […]

Can a police officer detain a person under s136 MHA if that person is already affected by mental health law in some way? Imagine a police encounter where the officers are told by someone the person they have concerns about is on leave from hospital, with permission — or maybe living in the community under one […]

Imagine you’re the front line police officer called in to a mental health ward. Reports have been received from a patient’s family that the patient is being held on the ward without authority and they want the police to assist in extricating the patient from their hold, alleged to be unlawful. The control room sergeant […]