MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 108 Retaking of patients escaping from custody.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> MENTAL HEALTH ACT (NORTHERN IRELAND) 1961

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 108

Retaking of patients escaping from custody.

108.(1) If any person being in legal custody by virtue of section one hundred
and seven escapes, he may, subject to sub-sections (2) to (6), be retaken

(a)in any case, by the person who had his custody immediately before the
escape, or by any constable or [social worker];

(b)if at the time of the escape he was liable to be detained in a hospital or
subject to guardianship under this Act, by any other person who could take him
into custody under section thirty if he had absented himself without leave.

(2) A person who escapes as aforesaid when liable to be detained or subject to
guardianship as mentioned in paragraph (b) of sub-section (1) (not being a
person subject to an order under Part III restricting his discharge or an
order or direction having the like effect as such an order) shall not be
retaken under this section after the expiration of the period within which he
could be retaken under section thirty if he had absented himself without leave
on the day of the escape; and sub-section (3) of section thirty shall apply
with the necessary modifications accordingly.

(3) A person who escapes while being taken to or detained in a place of safety
under section one hundred and five or section one hundred and six shall not be
retaken under this section after the expiration of the period of seventy-two
hours beginning with the time when he escapes or the period during which he is
liable to be so detained, whichever expires first.

(4) This section, so far as it relates to the escape of a person liable to be
detained in a hospital, shall apply in relation to a person who escapes

(a)while being taken to or from a hospital in pursuance of section thirty-one,
or of any order or direction under Part III; or

(b)while being taken to or detained in a place of safety in pursuance of an
order under Part III pending his admission to a hospital;

(5) This section, so far as it relates to the escape of a person liable to be
detained in a hospital, shall apply in relation to a person who, being in
legal custody by virtue of the Mental Health Act, 1959, or the Mental Health
(Scotland) Act, 1960, escapes while being taken to a hospital in pursuance of
any direction or authorisation under Part VI of either of those Acts as if

(a)he were in legal custody by virtue of section one hundred and seven; and

(b)he were liable to be detained in the hospital to which he is being taken
and had previously been received therein.

(6) In computing for the purposes of sections fifty-one and fifty-two the
period of twenty-eight days therein mentioned, any time during which
the patient is at large and liable to be retaken by virtue of this section
shall be left out of account.

(7) Section thirty-three shall, with any necessary modifications, apply in
relation to a patient who is at large and liable to be retaken by virtue of
this section as it applies in relation to a patient who is
absent without leave within the meaning of section thirty, and references
therein to section thirty shall be construed accordingly.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s108.html

Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 108