Policing Mental Disorder: Controversies, Myths and Realities

In this article the premises on which Section 136 of the Mental Health Act 1983 have been evaluated traditionally will be outlined and assessed using data from a recent empirical study. In examining the nature of police action in implementing this provision it is shown that police discretion and ability to act autonomously is constrained by the social context within which officers become involved in incidents and the external influences impinging on police decision making. It is suggested that legalism is inadequate both in accounting for the social realities of policing and relevant social policy implications. Instead, a social constructivist approach capable of accounting for wider influences on police action and mental health policy more generally is advocated as the basis on which to evaluate the future use of the provision.