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. 37

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