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Section 136 — MRCPsych Paper B MCQ

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ModerateMental Health LawSection 136MRCPsych Paper B

In England, a police officer finds a 35-year-old man in a public park behaving erratically. He is talking to himself, appears to be responding to unseen stimuli and is severely distressed. The officer reasonably believes that he appears to have a mental disorder, is in immediate need of care or control, and needs removal for his own safety. Which provision gives the officer the power to remove him without a warrant to a place of safety?

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Correct answer: B — Section 136 MHA — removal without a warrant to a place of safety

Section 136 is correct. It allows a police officer to remove a person to a place of safety without a warrant when the person appears to have a mental disorder, needs immediate care or control, and removal is necessary for that person's interests or the protection of others. A public park is clearly not a private dwelling, so the geographical requirement is met. Section 135 is the principal alternative police power, but it requires a magistrate's warrant to enter specified premises; it is not applicable here. Sections 2, 3 and 4 are civil hospital-admission provisions requiring a formal application and medical recommendation(s), rather than powers that a police officer can exercise unilaterally in a public place.

Reference: Home Office. User guide to police powers and procedures in England and Wales, sections 4 and 8.4, updated 9 April 2026. https://www.gov.uk/government/publications/police-powers-and-procedures-in-england-and-wales-201112-user-guide/user-guide-to-police-powers-and-procedures