Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Mental Health Act 1983 (Places of Safety) Regulations 2017 and come into force on 11th December 2017.

(2) In these Regulations—

“the Act” means the Mental Health Act 1983;

“custody officer” means a person who is appointed as, or who is performing the functions of, a custody officer within the meaning given in section 36 of the Police and Criminal Evidence Act 1984( 2 );

“healthcare professional” means a person who is a member of a profession mentioned in section 60(2) of the Health Act 1999( 3 ).

Circumstances in which a police station may be used as a place of safety

2. —(1) An adult (“A”) may only be removed to, kept at, or taken to, a place of safety that is a police station in the exercise of a power to which section 136A of the Act applies( 4 ) where—

(a) the decision-maker is satisfied that—

(i) the behaviour of A poses an imminent risk of serious injury or death to A, or to another person,

(ii) because of that risk, no place of safety other than a police station in the relevant police area can reasonably be expected to detain A, and

(iii) the requirement in sub-paragraph (b) of regulation 4(1) will be met, and

(b) where the decision-maker is not an officer of the rank of inspector or above, an officer of that rank or above authorises that A may be removed to, kept at, or taken to a place of safety that is a police station.

(2) Before determining that the circumstances in paragraphs (i) to (iii) of paragraph (1)(a) exist, a decision-maker who is a constable must, if it is reasonably practicable to do so, consult—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an approved mental health professional, or

(d) a person of a description specified in regulation 8(1).

(3) In this regulation—

“decision-maker” means—

“relevant police area” means the police area in which A is located when a power to which section 136A of the Act applies begins to be exercised in relation to A.

Requirements when a police station is used as a place of safety

3. Regulations 4 to 7 apply when an adult is detained at a police station under section 135 or section 136 of the Act.

4. —(1) A custody officer at the police station must ensure that—

(a) the welfare of the detained adult (“D”) is checked by a healthcare professional at least once every thirty minutes, and any appropriate action is taken for the treatment and care of D, and

(b) so far as is reasonably practicable, a healthcare professional is present and available to D throughout the period in which D is detained at the police station.

(2) Subject to regulation 7, in any case where either or both of the requirements in paragraph (1)(a) and (b) is not met, the custody officer must arrange for D to be taken to another place of safety( 6 ).

5. —(1) A custody officer at the police station must, subject to paragraph (2) and regulations 6 and 7—

(a) review the behaviour of D at least once an hour and determine whether the circumstances in regulation 2(1)(a)(i) and (ii) exist, and

(b) where those circumstances are determined not to exist, arrange for D to be taken to a place of safety other than a police station.

(2) Before making a determination under paragraph (1)(a), the custody officer must, where reasonably practicable, consult the healthcare professional that carried out the most recent check by virtue of regulation 4(1)(a).

6. The frequency of the reviews referred to in regulation 5(1)(a) may be reduced, to no less than once every three hours, where—

(a) D is sleeping, and

(b) a healthcare professional who has checked D’s welfare by virtue of regulation 4(1)(a) has not, in the most recent check, identified any risk that would require D to be woken more frequently.

7. The requirements to take D to a place of safety in regulation 4(2) and regulation 5(1)(b) do not apply where—

(a) arrangements have been made which would enable an assessment of D for the purpose of section 135 or (as the case may be) section 136 of the Act to be commenced sooner at the police station than at another place of safety, and

(b) to postpone the assessment would be likely to cause distress to D.

Persons to be consulted

8. —(1) The following persons are specified for the purposes of section 136(1C)(d) of the Act—

(a) an occupational therapist,

(b) a paramedic.

(2) For the purposes of paragraph (1)—

(a) an occupational therapist is a person registered in the register established and maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001( 7 ), in the part relating to occupational therapists, and

(b) a paramedic is a person registered in that register, in the part relating to paramedics.