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Old 06-12-2016, 18:29
gogledd
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I was wondering if there's anybody with police or legal experience on here who could tell me if it's an offence to fabricate circumstances (over a period of time) that leads to a spouse being detained under Section 136 of the Mental Health Act (sectioned)?

Long sentence... but I'd be glad of your replies. Many thanks.
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Old 06-12-2016, 18:40
scottie2121
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Section 136 allows a person to be detained and taken to a place of safety by the police so that their mental health can be assessed. The section can last up to 72 hours but the assessment by mental health professionals should take place as quickly as possible.

As far as I'm aware there's no law that would be broken if someone made up concerns/evidence that led to the use of section 136 however, potentially, someone who did that could be charged with wasting police time.

Also, again potentially, a person could sue the person who fabricated things and that would be a civil action.
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Old 06-12-2016, 19:26
Smithy1204
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Just to agree with the above, as far as I am aware there would be no offence unless they would consider it under wasting police time.

Having said that, for a Section 136 to be used, the criteria includes that a police officer should find somebody in a public place and believe that they may be suffering from a mental disorder and be in need of immediate care or control. If the police officer feels it is necessary to detain under s.136, that is their discretion - they have to reasonably believe that, and it's unlikely to be done purely on the word on somebody else. (That's not to say a person definitely is in need of treatment/sectioning, but that is for the medical professionals to decide).
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Old 06-12-2016, 23:06
striing
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Unlikely, as sectioning can't take place purely on a relative's report.

Edit: I agree with the other replies.
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Old 07-12-2016, 09:22
Rorschach
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I don't think the OP means a paper exercise where the other half presents evidence they have generated (because that's not how the law works). But rather, in a criminal mastermind like way, they have manipulated their spouse into situations which others will see as just cause.

For example they have gotten their other half very drunk and then once they are asleep sprinkled five empty bottles of pain killers around the place after having bought them all on line in their spouses name. And then called the ambulance.

Or instigated a risky outdoors sexual encounter with Viagra and dress up and then run away with all the clothes leaving their partner to explain to the police (who happened to be called by a concerned citizen) why they are wandering around naked in a park at 4 am sporting a duck mask and an erection.

And so on.


Basically it's similar to the plot to Gone Girl.
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Old 07-12-2016, 10:03
scottie2121
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I don't think the OP means a paper exercise where the other half presents evidence they have generated (because that's not how the law works). But rather, in a criminal mastermind like way, they have manipulated their spouse into situations which others will see as just cause.

For example they have gotten their other half very drunk and then once they are asleep sprinkled five empty bottles of pain killers around the place after having bought them all on line in their spouses name. And then called the ambulance.

Or instigated a risky outdoors sexual encounter with Viagra and dress up and then run away with all the clothes leaving their partner to explain to the police (who happened to be called by a concerned citizen) why they are wandering around naked in a park at 4 am sporting a duck mask and an erection.

And so on.


Basically it's similar to the plot to Gone Girl.
Why are you trolling?
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Old 07-12-2016, 18:16
Rorschach
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Why are you trolling?
I'm clearly not. Why do you think I am?

I merely pointed out that the OP said "fabricate circumstances" and not "made false statements". These are two different things.
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Old 07-12-2016, 18:31
gogledd
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I don't think the OP means a paper exercise where the other half presents evidence they have generated (because that's not how the law works). But rather, in a criminal mastermind like way, they have manipulated their spouse into situations which others will see as just cause.


.
BIB: This, basically.

The rest of your post was a bit silly, though. This is real life, not the plot of a movie.

Thanks to all who have replied.
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Old 07-12-2016, 18:50
scottie2121
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I'm clearly not. Why do you think I am?

I merely pointed out that the OP said "fabricate circumstances" and not "made false statements". These are two different things.
I'll let others reach their own conclusions.
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Old 07-12-2016, 19:40
Rorschach
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I'll let others reach their own conclusions.
Oh thanks, that's very kind of you.

Thankfully the OP has confirmed that my reading of the situation is correct.
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Old 07-12-2016, 20:17
mialicious
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https://www.youtube.com/watch?v=r8ngDnWwFBI
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Old 07-12-2016, 23:05
scottie2121
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Oh thanks, that's very kind of you.

Thankfully the OP has confirmed that my reading of the situation is correct.
Just a pity you couldn't answer the OP's question.


Although it had already been answered so. . . . . that just left all your silliness.
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Old 07-12-2016, 23:47
Rorschach
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Just a pity you couldn't answer the OP's question.


Although it had already been answered so. . . . . that just left all your silliness.
My "sillyness" was giving people examples so they knew the actual question that had been asked and not the one they assumed had been asked.

People were giving advice based on someone giving false testimony, pointing out that Sectioning isn't done based on a relative telling tales. That's perfectly true, but pointless advice in this thread as it wasn't the situation being asked about in the OP (as has been confirmed).

I'm really not sure what your major issue is. I was being helpful in pointing out the general misunderstanding.
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