S136 — MRCPsych Paper B MCQ

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ModerateMental Health LawS136MRCPsych Paper B

In England and Wales, a person is removed to a place of safety under section 136 of the Mental Health Act 1983. Which option correctly states the permitted period of detention from arrival at the first place of safety and the available statutory extension?

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Correct answer: E — 24 hours, extendable by up to 12 hours

Explanation lettering: E = shown as A · D = shown as B · A = shown as C · C = shown as D · B = shown as E

Option B is correct. In England and Wales, section 136 detention begins when the person arrives at the first place of safety and normally lasts for up to 24 hours. The registered medical practitioner responsible for the examination may authorise an extension of up to 12 hours only when the person's condition makes it impracticable to carry out or complete the assessment within 24 hours. The absolute ceiling is therefore 36 hours. Option A reflects the law before the Policing and Crime Act 2017 changes took effect. Options C and D describe detention periods associated with sections 2 and 3 respectively, not the section 136 place-of-safety power. Option E confuses the possible extension period with the initial detention period.

Reference: NHS England London, London's Section 136 Pathway and Health Based Place of Safety Specification, sections 3.17–3.18, 2024. https://www.england.nhs.uk/london/wp-content/uploads/sites/8/2024/05/Londons-Section-136-Pathway-and-Health-Based-Place-of-Safety-Specification_May_2024.pdf