The primary reasons individuals experiencing mental health issues may interact with law enforcement are :
Crime Victims
In collaboration with Victim Support, Minds 2013 study, "Vulnerable Yet Overlooked," revealed that individuals with mental health conditions are :
- Threefold more likely to fall victim to a crime compared to the average person.
- Up to five times more susceptible to assault, which increases to tenfold for women.
- More prone to repeated victimisation and varied forms of crime.
- Generally less satisfied with the support and services they receive.
Mental Health Crisis or Vulnerability
If concerns arise about your mental well-being or vulnerability, law enforcement has specific authorities under the Mental Health Act
- Section 135 permits an officer to enter a residence with a warrant and escort you to a secure location for evaluation.
- Section 136 authorises an officer to take you to a secure location for a Mental Health Act assessment if you're found in a public area.
For additional details, consult our Mental Health Act section.
Accused of a Criminal Act
If you're suspected of a criminal offence, the police will likely want to question you. The subsequent sections in this resource outline the process and your rights in such circumstances.
Voluntary Interviews: What to Consider
You may be invited to the police station for a voluntary interview. The choice to participate is yours. Here are some factors to consider :
- You're entitled to have a solicitor present, even during a voluntary interview.
- If needed, the police must arrange for an appropriate adult to accompany you.
- You don't have the right to a medical evaluation to assess your fitness for a voluntary interview.
- If you decline the voluntary interview, the police may then contemplate conducting the interview under arrest conditions (see our section on arrest procedures).
It's advisable to consult a solicitor before deciding on participating in a voluntary interview.