Section 136 — MRCPsych Paper B MCQ

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ModerateMental Health LawSection 136MRCPsych Paper B

Under section 136 of the Mental Health Act 1983, what is the absolute maximum period for which a person may be detained at a place of safety, including any lawfully authorised extension?

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Correct answer: B — 36 hours

The correct answer is B: 36 hours. The ordinary permitted detention period under section 136 is 24 hours. Under section 136B, a registered medical practitioner may authorise an extension of up to a further 12 hours when the detained person’s condition makes it impracticable to complete the assessment within the initial period. The absolute maximum is therefore 24 + 12 = 36 hours. Option E is the maximum without an extension, not the absolute maximum asked for. The extension cannot be used merely because of administrative delay or lack of resources. Option C reflects the historical 72-hour limit that applied before the amendments introduced by the Policing and Crime Act 2017 took effect.

Reference: NHS England. Guidance on implementing the National Partnership Agreement: Right Care, Right Person, section 4.5, 2024. https://www.england.nhs.uk/long-read/guidance-on-implementing-the-national-partnership-agreement-right-care-right-person/