Section two Focus on detention issues
use of Section 136 powers, the number
of people detained and taken to police
custody has fallen in the last two years. For
adults this was down from 6,667 in 2013–14
to 2,100 in 2015–16, a fall of 68.5%; for
children it was down from 256 in 2013–14
to 43 in 2015–16, a reduction of 83.2%. In
Northern Ireland and Scotland, the numbers
were much smaller (five detainees in both
2015–16 and 2016–17 in Northern Ireland
and seven detainees in 2015–16 in Scotland).
Though the collection of data on Section 136
and similar provisions in recent years is a
welcome development, there are concerns
about the limitations of the data that is
available.97 Furthermore, there is no data
available from anywhere in the UK about
how many detainees not held under ‘place
of safety’ legislation required transfer to a
mental health facility following a period of
time in police custody. NPM members are
concerned that there is no data available
about the (potentially greater) number of
individuals transferred to mental health
facilities, despite their having been arrested
for or committed a criminal offence.
Alternatives to police custody for those
with mental health issues
The NPM shares widespread concerns about
the suitability of police custody for those
with mental health issues, either as a place
of safety or for those with serious mental
health issues who have come into the
criminal justice system.98
In England and Wales the fall in the use of
police custody for Section 136 detentions has
been achieved by increasing the provision
and availability of health-based places
of safety (HBPoS). In 2013–14, 74.5% of
Section 136 detainees were taken to an
HBPoS, by 2015–16 this had risen to 92.6%.
In Scotland, the reasons for the fall in the
use of police stations are unclear, and wide
regional variations suggest there may be
inconsistencies in police practice, either in
the use of the legislation, or in recording its
use.
There have been a range of initiatives aimed
at providing alternatives to, or easier routes
out of, police custody for detainees with
mental health issues. The Police Service of
Northern Ireland (PSNI) previously operated
two pilots in police custody; one involving
community psychiatric nurses and one
involving drug alcohol referral teams, but
these ceased when funding was lost. PSNI
is now considering the use of street triage
for crisis care, following successful pilots
in England. In Scotland, Police Scotland
has developed training for officers to raise
awareness of mental health distress, and a
community triage scheme involving support
from community psychiatric nurses has
been piloted in Glasgow and Edinburgh.99
In England and Wales, liaison and diversion
nurses should support the pathway out of
detention. This works effectively in some
areas, but in others custody visitors reported
reduced availability of nurses due to the
97. HM Inspectorate of Constabulary, 2015, The welfare of vulnerable people in police custody, pp47–49 [accessed 13/11/17].
98. See Department of Health, 2009, The Bradley Report: Lord Bradley’s review of people with mental health problems or
learning disabilities in the criminal justice system.
99. Scottish Government, 2017, Mental Health Strategy 2017–2027.
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