ABSTRACT
When arresting a mentally disordered offender in a public place for an offence, the police officer may have a choice either to detain under the provisions of S136 MHA or to arrest for the offence itself. Sometimes an officer may arrest a person for an offence and then realise that the prisoner has a mental health problem, or a learning disability. At that point the officer may decide, if the offence is not serious, to use his/her powers under SI36 to remove the person to a 'place of safety'. If the mentally disordered offender is found guilty of the offence, he or she may be sentenced in the Magistrates Court or committed to the Crown Court for sentence. If the offence is not serious or the mentally disordered offender can be offered a suitable package of care arranged as part of a Diversion system the Court is inclined to use a non-custodial sentence, such as an absolute or conditional discharge.
