People can be detained under the Mental Health Act – or sectioned – for their own safety, or the safety of others.
Fully banning the use of police cells during detention was first proposed in draft legislation published under Boris Johnson’s government, following a wide-ranging review of mental health laws published in 2018.
But although that draft law underwent extensive scrutiny by MPs, it was not introduced to Parliament by the time of July’s election.
Under the current law, people who police believe are suffering from a mental disorder and are in “immediate need of care or control” can be detained so that they can be examined for possible treatment.
Last year 34,685 people were detained under these circumstances, the majority to health settings such as a hospital A&E department.
Some 314 detentions – around 1% – were to a police cell, with the proportion falling from around 4% in 2017, when restrictions on their use were tightened.
Those detained in a police cell can typically only be held for 24 hours and must be assessed by a social worker and doctor during that time.
A cross-party committee of MPs scrutinising the previous proposals had welcomed the ban on their use, but had called for an increase in appropriate places to detain people in healthcare settings alongside the change.
