Being called up by the police for an interview is not the same as being arrested. However, it can be stressful and confusing, particularly for someone with an intellectual disability, autism or mental health issue. Here is what you can do:
Being arrested means the police believe there are reasonable grounds to suspect the person has committed an offence. Here is what to expect:
An MTO is a type of community-based sentencing. Instead of sending an offender to prison, the court may order them to undergo psychiatric treatment in the community (such as attending regular psychiatric sessions at a hospital). Before an MTO can be made, an appointed psychiatrist must provide a report confirming that: (a) the offender is suffering from a treatable psychiatric condition; (b) the condition contributed to the commission of the offence; and (c) the offender is suitable for treatment. All three requirements must be satisfied before the court can make an MTO.
It can—but it depends on the nature and severity of the condition and its connection to the offence. The severity of an offender’s sentence is determined primarily by the harm caused by the offence and the offender’s culpability (how responsible he or she can be held for his or her offending). Mental conditions do not automatically reduce culpability, there must be some contributory or causal link of the condition with the offending conduct.
The Mental Health (Care and Treatment) Act 2008 (MHCTA) allows for the apprehension of a person who is reported to be mentally disordered and is believed to be dangerous to themselves or to others, for the purposes of referral for treatment.
If someone calls the police or another authority and says they are concerned that a person appears to have a mental disorder and may be dangerous, the police may apprehend that person and take them to see a doctor. Once apprehended, the person must be taken without delay to a medical practitioner for examination.
It does not follow that someone will automatically be admitted to a psychiatric hospital simply because they are apprehended under the MHCTA. The medical examination is the next step, and further decisions depend on the outcome of that examination.
"Dangerous" behaviour may include arming oneself with a knife, threatening others, or putting oneself in a precarious physical position.
In practice, whether someone is "dangerous" will depend on the circumstances as assessed by the police at the time. The concern is whether there is a belief, on reasonable grounds, that the person poses a risk to themselves or others.
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