Police and mental health

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

What happens if I'm arrested?

What happens is:

1. You're arrested
2. You're cautioned
3. You're taken to a police station

You're arrested

The police can arrest you without a warrant if they suspect (reasonably) that you've committed an offence or if they suspect you're about to commit an offence. And they need to arrest you to:

• Prevent you causing injury to yourself or others or damaging property
• Investigate the offence
• Stop you from disappearing
• Take your name or address if you refuse to tell them
• Take your name or address if they doubt (reasonably) you've given them your real name and address

If you're arrested the police must explain why they're arresting you.

You're cautioned

This is when police say to you: "You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence."

You're taken to the police station

You will be taken to a police station if you're not already there. If you try to escape or become violent the police can use 'reasonable force'. They may also handcuff you to take you from one place to another.

What happens at the police station?

You will go to the custody area (suite). When you first see the custody officer they will:

Ask you some questions about yourself

This might include questions about your mental health so it's an opportunity to tell them about any problems you have. They will complete a custody record and a risk assessment. A risk assessment is where they assess any risks to your health, safety and wellbeing.  

If they think that you're incapable of understanding the questions due to your mental health problem or other vulnerability they must:

• Call an appropriate healthcare professional to assess you
• Ask the healthcare professional if you're fit to be detained, interviewed or both
• Refer you to the Liaison and Diversion service
• Call an appropriate adult to be there when certain procedures are carried out

Tell you you're entitled to free legal advice

They must tell you this there and then, or at any time during your detention. They can call the duty solicitor (or your own solicitor if you have one).

Authorise samples and tests

• They will authorise your fingerprints, DNA samples and your photograph being taken.
• They may authorise you to be searched, breathalysed or be given a urine drug screen test.
• They may authorise removal of clothing for forensic examination if relevant.

Keep you at the police station

After seeing the custody officer you will be held in a cell or detention room. If the police consider you are vulnerable you should have frequent visits by the custody staff. This is to check you're ok.

What if I need support for my mental health?

It's important that you tell the police and professionals who see you that you have a mental health problem. This is so you receive the right care and support.

The kind of support you get will depend on your circumstances. For example, you may need to take medication regularly.

The custody officer can ask for an assessment by the Liaison and Diversion service. You or your solicitor can also ask for an assessment.

You can find out more about Liaison and Diversion services from the NHS England website.

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.