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:
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.
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.
Example
Jason has been accused of shoplifting. He was taken to a local police station. He told the custody officer that he has schizophrenia and needs to take regular medication. He was seen by a doctor who confirmed that he was well enough to be interviewed. The doctor made arrangements for Jason to receive his medication.
Jason also got legal advice from the duty solicitor and was supported by an appropriate adult.
Duty solicitor
This is the solicitor or specialist legal adviser who will be available to give you advice at the time that you are taken to the police station. They are completely independent of the police and you do not have to pay for them to attend the police station. You are allowed to choose your own if you prefer.
Visit our full listing of Legal TermsAppropriate adult
If you are held by the police and they realise, or are told, that you have a mental health problem, you have the right to be accompanied by an appropriate adult.
They should be an adult who is independent of the police, such as a member of your family or a mental health worker, but they cannot be your solicitor. You may be asked if you have a friend or family member you would like to ask or it could be a professional.
An appropriate adult should:
- make sure that you get a solicitor
- request that you are seen by a doctor
- help you to communicate with the police
- be present if you are questioned about an offence.
See our pages on police and mental health for more information.
Visit our full listing of Legal TermsLiaison and Diversion
Liaison and Diversion services identify people who have mental health problems, a learning disability, substance misuse or other vulnerabilities when they first come into contact with the criminal justice system as suspects, defendants or offenders.
You should be assessed by someone from this service, who will:
- provide an immediate recommendation on your needs
- produce an assessment report that can be made available to criminal justice professionals
- contact a broad range of services to try to put treatment for your other needs in place.
Approved mental health professional (AMHP)
AMHPs are mental health professionals who have been approved by a local social services authority to carry out duties under the Mental Health Act. They are responsible for coordinating your assessment and admission to hospital if you are sectioned.
They may be:
- social workers
- nurses
- occupational therapists
- psychologists.
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.
