Mental health and learning disabilities

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Police powers and places of safety

Under the Mental Health (NI) Order 1986, police officers have a power to enter private premises with a warrant and temporarily remove people to a place of safety, and a power to remove persons from public places to a place of safety, provided that specified criteria are met. They also have powers under Article 130 to remove a person from a public place and bring them to a place of safety if the person appears to a police officer to:

Be in a place to which the public have access and;
Be suffering from mental disorder and
Be in immediate need of care or control and
Be necessary in the interests of that person, or for the protection of others.

Article 129: warrant to search for and remove patients

The purpose of a warrant under Article 129 is to provide police officers with a power of entry to private premises, when necessary, in order to remove the person. For a warrant to be issued, a request (a written complaint on oath), outlining the circumstances of the case and why a warrant is needed, must be made to a Lay Magistrate. There are four categories of warrant under Article 129 but all of them authorise a police officer, accompanied by a medical practitioner, to enter the premises, if need be, by force, and remove the person.

Article 129(1) warrant

Article 129 (1) Complaint for entry to premises and removal of person to place of safety

Article 129 (1) Warrant of search and entry

The Article 129(1) warrant should be used when there is reasonable cause to suspect the person is suffering from mental disorder and has been, or is being, ill-treated, neglected or kept otherwise than under proper control, or being unable to care for himself/herself is living alone. The warrant enables the police to enter the private premises and remove the person to a place of safety to enable an assessment under the Order. In practice it is often the ASW who co-ordinates the application for a warrant process. Links for an application/complaint and to the warrant itself for each article are found below.

Article 129(2) warrant

Article 129 (2) Complaint for entry to premises and removal of person to place of safety

Article 129 (2) Warrant of search and entry

Article 129(2) warrant should be used when the person has already been detained under the Order and is to be returned to hospital

Article 129(3) warrant

Article 129 (3) Complaint for entry to premises and removal of person to place of safety

Article 129 (3) Warrant of search and entry

Article 129(3) warrant should be used when the person has already been detained under the Mental Health Act 1983 or Mental Health (Care and Treatment) (Scotland) Act 2003.

Article 129(4)

Article 129 (4) Complaint for entry to premises and removal of person to place of safety

Article 129 (4) Warrant of search and entry

Article 129(4) warrant should be used when an application for admission for assessment has already been completed but the person has not yet been admitted to hospital.

Article 130 is an emergency power which allows for the removal of a person, to a place of safety, if the person appears to a police officer to:

•    Be in a place to which the public have access and;
•    Be suffering from mental disorder and
•    Be in immediate need of care or control and
•    Be necessary in the interests of that person, or for the protection of others.

‘A place to which the public have access’ includes places to which members of the public have open access, access if a payment is made, or access at certain times of the day. It does not include private premises, such as the person’s own place of residence or private homes belonging to others, in which case an Article 129 warrant is needed. It is not appropriate to encourage a person outside in order to use Article 130 powers. Article 129 should be used if the person is in private premises.

A police officer may use Article 130 if they encounter the person in a public place, including if they are already on scene, responding to a call, are approached, or otherwise come into contact with the person. The police officer following assessment, may decide the criteria for Art 130 is not met. In these circumstances they will make a note of this decision.

If the conditions for the use of Article 130 are met the police must use these powers to bring the person to the nearest appropriate place of safety. The most appropriate mode of transport and any support needs during conveyance should be considered. Currently, in most areas in Northern Ireland the most appropriate place of safety will be an Emergency Department. The person should then receive a mental health assessment, and any necessary arrangements should be made for their on-going care.

If the person is already an in-patient in hospital, the police should not be called to a hospital ward to use their Article 130 powers. For in-patients, a nurse or doctor should instead use their holding powers if it is considered necessary to detain the person. It may be appropriate in some circumstance for the police to attend a hospital if the person is in the grounds, or another public part of the hospital, such as a part of the accident and emergency department to which the public have access, in which case they may use Article 130.HSC should ensure in these circumstances that their responsibilities to the patient are addressed before requesting police involvement.

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Mental health and learning disabilities

Police powers and places of safety

Article 129: warrant to search for and remove patients