Arrested During a Mental Health Crisis
What should happen, what to ask for, and how to support someone in police custody.
Being arrested during a mental health crisis can be frightening and disorientating. Your mental health still matters. Being in police custody does not remove your right to legal advice, healthcare, or support to understand what is happening.
On this page
Use this section to jump to the part you need most.
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Guidance for if the situation is still urgent.
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Simple words to use if someone is suicidal, distressed, psychotic, confused, dissociated, or unable to understand what is happening.
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Key things police and custody staff may need to consider, including risk, healthcare, medication, communication, and vulnerability.
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What to ask for if someone is in a police cell, needs medical help, needs a solicitor, or may need extra support.
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How to share urgent safety information, contact custody, and make sure mental health concerns are clearly recorded.
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What to ask if risk is being missed, support is unclear, or you believe the situation is unsafe.
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Links to additional support once someone is released from custody.
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If this is happening right now
If you are in immediate danger, have seriously harmed yourself, or think you might act on suicidal thoughts, call 999.
If you need urgent mental health support in Scotland, call 111 for NHS 24 mental health services.
If you are with the police, say this as clearly as you can:
“I am in a mental health crisis. I need a solicitor. I need healthcare. I do not feel safe.”
What to say to police or custody staff
Use short, direct phrases. You do not need to explain everything perfectly.
“I am in a mental health crisis.”
“I need a solicitor.”
“I need healthcare.”
“I do not feel safe.”
“I am at risk of harming myself.”
“I do not understand what is happening.”
If a mental health condition, personality disorder, learning disability, or similar difficulty makes it hard to understand or communicate, say:
“I need support to understand.”
“I need an Appropriate Adult.”
Police in Scotland have a duty to facilitate Appropriate Adult support for people aged 16 or over in custody who, because of a mental disorder, cannot understand what is happening well enough or communicate effectively with police. This includes mental illness, personality disorder, and learning disability.
What should happen
These are the key things that should be considered when someone is arrested during a mental health crisis.
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If you are arrested, police must identify themselves, tell you that you are under arrest, tell you what crime they think has been committed, explain why arrest is necessary, and tell you that you do not need to say anything other than your name, address, date and place of birth, and nationality.
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You have the right to speak to a solicitor at any time while in police custody. That advice is free. You can speak to a solicitor in private, and you also have the right to have a solicitor in the room when police question you. Police must usually wait until you have had legal advice before questioning you, unless there are exceptional circumstances.
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Custody staff should consider vulnerability and risk. If there are concerns about mental health, suicide risk, self-harm, confusion, withdrawal, medication, or communication difficulties, these should be clearly raised and recorded
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Detainees can ask to see healthcare staff at any point. If someone is in mental health crisis, injured, withdrawing from substances, suicidal, confused, or unable to cope, healthcare should be requested clearly and urgently.
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Being arrested for an offence is different from being taken to a place of safety under mental health law. If police believe someone in a public place has a mental health condition and needs immediate care and treatment, they may be able to remove them to a place of safety under mental health law. A healthcare setting should usually be considered before a police station.
What to do in custody
Focus on safety, healthcare, legal advice, and making sure important risks are recorded.
Ask clearly for what you need
“I want a solicitor.”
“I need mental health help.”
“I need my medication reviewed.”
“I am suicidal.”
“I am hearing or seeing things.”
“I am not coping.”
“I need an Appropriate Adult.”
“Please record that I said this.”
Repeat the Key Sentence
“I am in a mental health crisis. I need a solicitor. I need healthcare. I do not feel safe.”
If you are confused or not being taken seriously, keep repeating this.
Tell staff straight away if:
you might harm yourself
you have taken drugs or alcohol
you are withdrawing from alcohol, benzodiazepines, or other substances
you need regular medication
you have injuries
you do not feel able to keep yourself safe
Wait For Legal Advice
Do not answer substantive questions until you have legal advice.
Beyond basic identifying details, use your right to wait for a solicitor before answering questions.
If you are supporting someone
If your loved one has been arrested during a crisis, focus on getting risk, healthcare, legal advice, and communication needs clearly recorded.
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Legal advice in custody is free, and police should arrange it if requested.
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If you know the person is suicidal, psychotic, dissociated, withdrawing from substances, has recently self-harmed, needs medication, or struggles to understand what is happening, tell custody staff clearly and immediately.
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If the person cannot understand what is happening or cannot communicate effectively because of mental disorder, police should facilitate Appropriate Adult support.
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Ask custody staff to record the risk and request healthcare. If you are worried they may harm themselves, say this directly.
You can say:
“I am worried this person is not safe. They are in mental health crisis and need healthcare, legal advice, and support to understand what is happening.”
If things are not being handled properly
If you are worried that mental health risk, healthcare, legal advice, communication support, or safety concerns are not being taken seriously, try to keep a clear record of what happened:
Write down dates and times.
Record who you spoke to.
Ask for concerns to be recorded.
Ask what action has been taken.
Follow up in writing where possible.
Use complaints routes if needed.
You can complain about police treatment in Scotland. The Police Investigations and Review Commissioner is an independent service that reviews how police complaints are handled.
When Police Custody Ends
If the person is released and is still in crisis, do not assume the risk has passed.
If there is immediate danger
Call 999.
If urgent mental health support is needed
Call 111 for NHS 24 mental health services.
If they have nowhere safe to go
Use the guidance on custody release and homelessness support.
Quick version: what to say
To police or custody staff
“I am in mental health crisis.”
“I need a solicitor.”
“I need healthcare.”
“I am not safe.”
“I need an Appropriate Adult.”
If you are supporting someone
“This person is mentally unwell and may not understand what is happening.”
“They are at risk of harming themselves.”
“They need healthcare and legal advice.”
“Please note that they may need an Appropriate Adult.”
You can screenshot this section or read the phrases out loud.