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Police and mental health

Explains what happens if you're arrested and what your rights are if you're taken to a police station.

  • This information applies to England and Wales.
  • This information applies to adults. It doesn't apply to children unless specifically stated.

What happens after questioning?

What happens next depends on your situation. This page covers the following options:

The police don't charge you

The investigation could finish without you being charged, in one of the following ways:

  • No further action (NFA). If there isn't enough evidence the police may decide not to charge you. And no further action will be taken. This may show up on a security check if you're applying for job that requires a DBS check.
  • Caution. You may be offered a caution. Or you may have to pay a fine if you admit the charge and the offence was minor. These will go on your criminal record and will show up on a DBS check when you apply for a job.
  • Fixed penalty notice/penalty notice for disorder. You may have to pay a fine if you admit the charge and the offence was minor. These will go on your criminal record and will show up on a DBS check when you apply for a job.
  • Go to hospital. You may go to hospital either voluntarily as an informal patient or sectioned under the Mental Health Act. The police could continue to investigate even if you're in hospital. Or they could decide to drop the case. We've more information about informal patients and being sectioned. 

The police investigate the case

While police are investigating the case, but before they have charged you with an offence, one of the following things might happen:

  • You're released on bail. This means you may have to return to the police station at a later date. Also there may be conditions that you need to follow, for example to live at a named address. You may be arrested again if you don't comply with these conditions. The police can only release you on bail if it's 'necessary and proportionate'. If not you must be released without bail. You can only be kept on bail for 28 days after arrest without being charged. But this can be extended to 3 months in complex cases.
  • You're released under investigation (often referred to as 'RUI'). This is different to being released on bail as you won't have to comply with any conditions.
  • You may go to hospital either as an informal patient or sectioned under the Mental Health Act.

You're charged with an offence

After investigating the case the police and the Crown Prosecution will decide whether to charge you with an offence.

For information what happens after you're charged visit our legal pages on the courts and mental health.

Example

Harry is a 68 year old with no previous history of mental health problems and no criminal history. He was arrested for assaulting a stranger.

At the police station he was assessed by a healthcare professional. The healthcare professional raised concerns. But they thought Harry was well enough to be interviewed and kept in a police cell. The custody sergeant spoke to the liaison and diversion team. They carried out a Mental Health Act assessment. Harry was detained under section 2 for assessment. He was diagnosed with dementia with psychotic symptoms.

In light of him being sectioned, Harry was not interviewed. The police decided to take no further action in relation to the assault. His local community mental health team (CMHT) provided support once he was discharged into the community.

< Rights at the police station Make a complaint >

This information was published in February 2025. We will revise it in 2028.

References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.

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