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Unlawful detention of patients. 99.(1) Any person who knowingly receives and detains otherwise than in accordance with this Act or by virtue of a jurisdiction excepted from the operation of this Act a person suffering from mental disorder shall be guilty of an offence. (2) Any person who exercises in relation to any patient any power of detention, or any other power conferred on him by or under this Act, after he has knowledge that the power has expired, shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding five hundred pounds, or to both. (4) If any person is charged with an offence under this section... further proceedings on such a charge shall not be taken against him except by or with the consent of the Attorney General.
© 1961 Crown Copyright
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