Select a detention section to see the rights and safeguards that apply to patients held under it, drawn from the Mental Health Act 1983 and the Human Rights Act 1998.
Mental Health Act 1983
Section 135 — Warrant to search for and remove patients
Allows a magistrate to issue a warrant permitting a police officer, accompanied by an AMHP and a doctor, to enter premises and remove a person to a place of safety.
A magistrate may issue a warrant authorising a police constable to enter specified premises, if necessary by force, and remove a person believed to be suffering from a mental disorder to a place of safety.
Rights that apply to patients under Section 135
Article 5 — Right to liberty and security
The most significant article for mental health detention law. Article 5(1)(e) permits the lawful detention of persons of unsound mind — the legal basis for detention under the MHA and DoLS.
Article 8 — Right to respect for private and family life
A qualified right — interference must be lawful, necessary in a democratic society, and proportionate. Covers autonomy, medical treatment, family contact, and home life.