Criminal Law Legislation Update: As at 10 January 2019
| Published date | 01 February 2019 |
| Date | 01 February 2019 |
| DOI | 10.1177/0022018319829253 |
| Author | Joanne Clough |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation Update:
As at 10 January 2019
Joanne Clough
Ulster University, UK
Mental Health Units (Use of Force) Act 2018
The Mental Health Units (Use of Force) Act 2018 (the Act) came into force on 1 November 2018. It is an
Act which makes provision for the oversight and management of the appropriate use of force for people
in mental health units, about the use of body cameras by police officers in the course of their duties
dealing with people in mental health units, and for linked purposes within England and Wales.
Use of Force Policy
Under s. 2, all mental health units (as defined by s. 1(3) of the Act) must appoint a ‘responsible person’
for the unit for the purposes of the Act. The responsible person must be employed by the relevant health
organisation and be of an appropriate level of seniority. One responsible person can be appointed for a
number of mental health units operated by a single organisation.
The responsible person for each mental health unit must, after consultation with any appropriate
person(s), publish a policy regarding the use of force by staff who work in the unit. The responsible
person must keep the policy under review and can revise the policy from time to time, providing that any
substantial revisions have first be consulted on by any appropriate person(s). The policy must set out
what steps will be taken to reduce the use of force in the mental health unit by staff who work in that
unit—s. 3.
The responsible person must publish information for patients about their rights in relation to the use of
force by staff working in the unit, after consultation with those persons deemed appropriate to consult
with. The published information must be provided to each patient (unless the patient refuses it) and any
other person considered appropriate to provide it to. The responsible person must take all reasonably
practicable steps to ensure that the patient is aware of the information and understands it, he/she must
keep the information under review, and may revise the information from time to time, after consultation
with appropriate person(s)—s. 4.
Section 5 provides that the responsible person must provide training for relevant staff who work in the
unit. The training must include: how to involve patients in the planning, development and delivery of
care and treatment in the mental health unit; showing respect for patients’ past and present wishes and
feelings; showing respect for diversity generally; avoiding unlawful discrimination, harassment and
victimisation; the use of techniques for avoiding or reducing the use of force; the risks associated with
the use of force; the impact of trauma (whether historic or otherwise) on a patient’s mental and physical
health; the impact of any use of force on a patient’s mental and physical health; the impact of any use of
force on a patient’s development; how to ensure the safety of patients and the public; and the principal
legal or ethical issues associated with the use of force. The training must be provided for existing staff
members as soon as reasonably practicable after the Act comes into force, and for new members of staff,
The Journal of Criminal Law
2019, Vol. 83(1) 6–9
ªThe Author(s) 2019
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DOI: 10.1177/0022018319829253
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