§ Mr. Proctorasked the Secretary of State for the Home Department what information is available to him with regard to the use of police powers under section 136 of the Mental Health Act 1983; if he will publish any readily available information in the Official Report; and if he will make a statement.
§ Mr. HurdStatistics of persons admitted to hospital under section 136 of the Mental Health Act 1983 are collected centrally by the DHSS. The police also record each occasion on which they exercise their power under section 136, but this information is not collected centrally. Our review of this matter has suggested that central collection of statistics would require a new national reporting system for police forces, would be expensive and, because of the relatively infrequent use of the power, might not lead to wholly reliable conclusions. We are, however, consulting the Association of Chief Police Officers over whether the proposed national custody record, which is being devised in the context of the Police and Criminal Evidence Bill, might also provide the means for standardised local record keeping in respect of persons detained under section 136 in the police station.
§ Mr. Proctorasked the Secretary of State for the Home Department whether he is satisfied with the interpretation given by the Metropolitan police and other police forces to section 136 of the Mental Health Act 1983; whether he has given, or proposes to give, any guidance to the Commissioner of Police of the Metropolis and to chief constables with regard to the use of this section; and if he will make a statement.
§ Mr. HurdExisting guidance to the police on mental health legislation is contained in the "Consolidated Circular to the Police on Crime and Kindred Matters", a copy of which is in the Library of the House. In particular, paragraph 4.48 provides that a person removed under section 136 should normally be taken to a hospital. I am not aware of difficulties over the interpretation of the section, or the application of the guidance. We are consulting the Association of Chief Police Officers on whether further specific guidance on the operation of section 136 would be helpful.