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Mental Health Practice Questions

Free NPPF Step 2 Mental Health questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

Mental health questions test police powers under the Mental Health Act 1983, especially ss.135 and 136, as amended by the Policing and Crime Act 2017.

Know where s.136 can be used, how long a person can be detained and who can extend it, and the strict limits on using a police station as a place of safety.

Key legislation and cases

  • Mental Health Act 1983, ss.135, 136, 136A and 136B
  • Policing and Crime Act 2017
  • Mental Health Units (Use of Force) Act 2018

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

An AMHP has concerns about a woman, Patricia, who has not been seen for several days and is believed to be suffering from a mental disorder. The AMHP believes Patricia may be at risk but cannot gain access to her home. Which of the following correctly describes the power available?

  1. AA magistrate may issue a warrant under s.135 MHA 1983 authorising a constable to enter the premises and remove Patricia to a place of safety - an AMHP and a registered medical practitioner must accompany the officer.
  2. BA magistrate may issue a warrant under s.135 MHA 1983 authorising a constable to enter the premises alone and remove Patricia to a place of safety without any other professional present.
  3. CA superintendent may authorise entry to the premises under s.135 MHA 1983 without a magistrate's warrant where there is urgency.
  4. DA constable may enter the premises under s.135 MHA 1983 without a warrant if an AMHP requests assistance and a doctor is present.
Show answer and explanation
Answer: A

Under s.135(1) MHA 1983 a magistrate may issue a warrant authorising a constable to enter premises and remove a person to a place of safety for assessment. The warrant must be applied for by an AMHP. When executing the warrant the constable must be accompanied by an AMHP and a registered medical practitioner. This procedural requirement is frequently tested and commonly overlooked.

s.135 Mental Health Act 1983
s.135(1): If it appears to a justice of the peace, on information on oath laid by an approved mental health professional, that there is reasonable cause to suspect that a person believed to be suffering from mental disorder has been ill-treated, neglected or kept otherwise than under proper control, he may issue a warrant authorising any constable to enter any premises specified in the warrant and, if thought fit, to remove him to a place of safety.
  • B: The constable cannot execute the warrant alone. The officer must be accompanied by an AMHP and a registered medical practitioner when entering and removing the person.
  • C: There is no power for a superintendent to authorise entry under s.135 without a magistrate's warrant. The warrant must be obtained from a magistrate - there is no urgent entry route under s.135 that bypasses this requirement.
  • D: Entry under s.135 requires a magistrate's warrant - there is no warrantless power under this section even with AMHP and medical presence. s.136 provides the power to act without a warrant but applies in other locations, not private dwellings.
Worked question 2 of 2Standard

PC Parker is called to a shopping centre car park where Ward appears to be in a mental health crisis. PC Parker considers using s.136 MHA 1983 to remove Ward to a place of safety. Which of the following most accurately states the legal position regarding the scope of s.136 following the Policing and Crime Act 2017?

  1. APC Parker may use s.136 because the car park is a public place - s.136 applies to any public place and a shopping centre car park is clearly within scope.
  2. BPC Parker may use s.136 because the car park is any place other than a private dwelling - the Policing and Crime Act 2017 extended the scope of s.136 from public places to any place other than a private dwelling.
  3. CPC Parker may not use s.136 because a shopping centre car park is private property - s.136 only applies to public highways and publicly maintained spaces, not privately owned land.
  4. DPC Parker may use s.136 because the car park is any place other than a private dwelling - the Policing and Crime Act 2017 extended the scope of s.136 from public places to any place other than a private dwelling, but only where the person concerned is outdoors.
Show answer and explanation
Answer: B

The Policing and Crime Act 2017 extended s.136 from public places to any place other than a private dwelling. A shopping centre car park, even if privately owned, is not a private dwelling and falls within the extended scope. Options B and D are structurally identical - D adds an invented condition that the person must be outdoors.

s.136 MHA 1983 as amended by Policing and Crime Act 2017
s.136(1) MHA 1983 (as amended): If a constable finds a person in a place or vehicle other than a dwelling and the constable reasonably believes that the person appears to be suffering from mental disorder and to be in immediate need of care or control, the constable may remove the person to a place of safety.
  • A: Option A is not wrong on the facts but applies the old pre-2017 test of public place. Option B states the current extended test more accurately.
  • C: The 2017 reforms specifically addressed privately owned land. Privately owned land that is not a private dwelling is now within s.136 scope.
  • D: The 2017 extension contains no requirement that the person be outdoors. The extension was about the nature of the place, not the position of the person.

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