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<p>We do not collect the information requested centrally. However, according to the
2013 joint review by Her Majesty’s Inspectorate of Constabulary, Her Majesty’s Inspectorate
of Prisons, the Care Quality Commission and Healthcare Inspectorate Wales, an examination
of 70 cases across seven police forces showed that the average time spent in police
custody under section 136 of the Mental Health Act 1983 (MHA) was 10 hours 32 minutes.</p><p>
</p><p> </p><p> </p><p>Section 136 of the MHA allows a person to be detained up to
a maximum period of 72 hours in any place of safety. As the MHA Code of Practice (2008)
states, irrespective of the 72 hour maximum time limit, any examination and interview
or other steps must take place as soon as possible and the length of detention should
not exceed the minimum required to enable this to happen.</p><p> </p><p> </p><p> </p><p>The
Department of Health and the Home Office published a joint review of the operation
of sections 135 and 136 of the MHA on 18 December:</p><p> </p><p> </p><p> </p><p><a
href="https://www.gov.uk/government/consultations/review-of-the-operation-of-sections-135-and-136-of-the-mental-health-act"
target="_blank">https://www.gov.uk/government/consultations/review-of-the-operation-of-sections-135-and-136-of-the-mental-health-act</a></p><p>
</p><p> </p><p> </p><p>Consideration was given to recommending the creation of a statutory
minimum time period for the wait between assessment and transfer to hospital where
that is the outcome. However, the review concluded that local agreements should set
out a minimum standard for assessments including acceptable time frames.</p><p> </p><p>
</p><p> </p><p>The review did, nonetheless, recommend reducing the maximum length
of detention under Sections 135 and 136 of the MHA to 24 hours from 72 hours, with
the possibility of an extension if necessary. Next steps regarding the recommendations
for legislative change are subject to the development of a timetable for implementation,
a detailed impact assessment, and plans for implementation and future funding being
agreed between partners.</p><p> </p><p> </p><p> </p><p><strong> </strong></p><p> </p>
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