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Police Powers

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Can I be forcibly taken to hospital against my wishes?

Under Section 135 of the Mental Health Act, an approved mental health professional can seek a warrant from a Justice of the Peace (JP) which will allow a police officer to enter premises (by force if necessary) and take you to a place of safety (such as the hospital).

The grounds for the warrant have to be that ‘there is a reasonable cause to suspect’ that, at a place within the JP’s jurisdiction (this can be in your own home or the home of another person), a person with a mental disorder:

  • Is being (or has been) ill treated, neglected, or not kept under ‘proper control’; or
  • Is living alone and unable to care for him/herself.

Despite any protest you may make, if the JP is satisfied of these grounds then you may be forcibly taken to a hospital against your wishes.

Police Powers Lawyers

Sarah Rein BA MSc

Solicitor

Richard Boucher LLB

Senior Associate - Team Leader Mental Health

Andy Cave LLB

Partner

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Richard Boucher LLB

Senior Associate - Team Leader Mental Health

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