This is the third in a series of posts explicating the vagaries of the Police and Criminal Evidence Act 1984 (PACE) – Part One covered the general legal basis of detention in custody, the timescales for detention without charge and general principles around clinical risks and vulnerable people; Part Two covered certain specifics that will relate to many or some detainees, depending on the legal nature of their detention, including legal rights, searches, samples, reviews, decision to charge and so on. This third installment attempts to highlight how all of that relates to decisions by mental health professionals who come in to police custody at various stages and specifically to Mental Health Act (MHA) processes which often need to run in parallel to PACE.
Three things tend to be going on where detainees are in police custody interfacing with considerations under the MHA –
- Detention in police custody as a…
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