Ambiguity in Section136 of the Mental Health Act1983

OGUNDIPE, LAOFE and OYEBOD, FEMI and KNIGHT, AMANDA Ambiguity in Section136 of the Mental Health Act1983. Psychiatric Bulletin.

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Abstract

AIMSANDMETHODTo investigate the interpretation ofSection 136 of the Mental Health Act1983 by Section12+2) approveddoctors and to describe a pathwaythat facilitates early assessment ofpeople detained under Section136.We surveyed a random sample ofSection12+2) approved doctors in theWest Midlands.RESULTSA response rate of 70% was achieved.Approximately 65% believe that itwould be illegal to transfer a personunder Section136 from the policestation to a further place of safety,such as hospital.Thirty-five per centbelieved that this could be donelegally or were unsure.CLINICALIMPLICATIONSAmbiguity still remains about thelegal interpretations of the provi-sions of Section136 of the MentalHealth Act1983, which needs to berectified.

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