Assaulting police officer while being detained under mental health act

Damien1979

Unfortunately yesterday I had to call the police over fears for the mental health of a close family member. They transported my family member to hospital where they were subsequently detained under the mental health act. Unfortunately they didn't go willingly and put up a fight and managed to hit one of the officers, who mentioned they were going to charge him for assaulting an officer. I'm not certain he was charged. Is this possible/likely to stand up under the circumstances?

Thanks in advance

pendragon_arther

I used to work in mental health. I don't think your relative will be charged if they've been sectioned. The officer will probably be advised by his skipper or governor not to proceed. I would be surprised if they did.

Guest101

Police charge, but they dont prosecute, such a charge would never make it past the public interest test.

Damien1979

Thanks for reassuring me. Obviously the charge is quite far down my list of concerns currently, but I wanted to know where he stood.

Obviously I am very sympathetic towards the officer in question, they did a good job and shouldn't have to face risks like that, but it seemed unfair that someone could potentially be prosecuted for their actions while they were that out of control.

JellyBox

There's a push at the moment to charge for assaults by people who are under a section, but as previously mentioned, they are unlikely to take it any further, the charge just allows it to be kept on record and provides a fuller picture for police and mental health professionals in terms of risk behaviour.

theoretica

If you have time and feel inclined you might write to the station thanking them for the good job they did and hoping the hit officer was not hurt. Firstly because it sounds like he deserves the commendation, but also because it is only human nature to feel better about something unpleasant if you know it was appreciated.

HappyMJ

Damien1979 wrote: »

Unfortunately yesterday I had to call the police over fears for the mental health of a close family member. They transported my family member to hospital where they were subsequently detained under the mental health act. Unfortunately they didn't go willingly and put up a fight and managed to hit one of the officers, who mentioned they were going to charge him for assaulting an officer. I'm not certain he was charged. Is this possible/likely to stand up under the circumstances?

Thanks in advance

Very very unlikely to be in the public interest to prosecute.

tomtontom

I have seen prosecutions under these circumstances, and they are becoming more common. Being under a section does not necessarily mean you lack the capacity to understand your actions, that would need to be assessed on a case by case basis.

I hope your relative gets the help and support they need. If you have any concerns there should be an advocacy service in your area that can help you and your relative.

j.e.j.

Damien1979 wrote: »

Unfortunately yesterday I had to call the police over fears for the mental health of a close family member. They transported my family member to hospital where they were subsequently detained under the mental health act. Unfortunately they didn't go willingly and put up a fight and managed to hit one of the officers, who mentioned they were going to charge him for assaulting an officer. I'm not certain he was charged. Is this possible/likely to stand up under the circumstances?

Thanks in advance

If the person was that ill, they should have called an ambulance, rather than escorting him/her to hospital themselves.

Brighton_belle

j.e.j. wrote: »

If the person was that ill, they should have called an ambulance, rather than escorting him/her to hospital themselves.

But wouldn't that just mean it was the ambulancemen who got hit instead?

JellyBox

j.e.j. wrote: »

If the person was that ill, they should have called an ambulance, rather than escorting him/her to hospital themselves.

The police are the ones called when people are too unwell for an ambulance...