- This lists various sections of patient who are absent or who have absconded and the timescales within which they may be re-detained by the police.
- ABSENT (without leave)
- Patients who are AWOL from hospital under these sections -
- 2 – up until 28 days after their original admission to hospital
- 3 – up to six months after the date on which they become AWOL
- 4 – up to 72hrs after their original admission to hospital
- 5(2) – up to 72hrs after their original detention under this power
- 5(4) – up to 6hrs after their original detention under this power.
- 7 – up to six months after the date on which they become AWOL
- 17A – up to six months after the date on which they were recalled.
- 37 – up to six months after the date on which they become AWOL
- 37/41 – any time after they become AWOL.
- LEGAL REMINDERS –
- All of these re-detentions are made under s18 of the Mental Health Act
- There is no power to force entry:
- Should forced entry be required – apply for a warrant under s135(2) from a Magistrate.
- PART II ABSCONDERS (from legal custody)
- Liable to be detained means an application for admission to hospital under the following sections has been made, but the patient has absconded before arrival there.
- 2 – up to 28 days from the date they abscond
- 3 – up to six months from the date they abscond
- 4 – up to 72hrs from the time they abscond
- Patients can also abscond before being received into guardianship under section -
- 7 – up to six months from the date they abscond
- 37* – up to six months from the date they abscond
- 37/41* – at any time after they abscond
- * These sections are under Part III, but by virtue of s40 MHA and for the purposes of absconding and absence they are treated “as if” under Part II.
- PLACE OF SAFETY ABSCONDERS
- 135(1) – if absconded before arriving at the PoS, up to 72hrs after absconding.
- 135(1) – if absconded after arriving at the PoS, up to 72hrs after arriving.
- 136 – if absconded before arriving at the PoS, up to 72hrs after absconding.
- 136 – if absconded after arriving at the PoS, up to 72hrs after arriving.
- LEGAL REMINDERS -
- All of these re-detentions for Part II and Place of Safety absconders are made under s138 of the Mental Health Act
- There is no power to force entry:
- Should forced entry be required – apply for a warrant under s135(2) from a Magistrate.
- PART III ABSCONDERS (from lawful custody)
- There are three sections where particular powers apply if the patient abscond from hospital whilst involved in criminal proceedings -
- 35 – remanded to hospital for reports: re-detain under s35(10)
- 36 – remanded to hospital for treatment: re-detain under s36(8)
- 38 – an interim hospital order after conviction: re-detain under s38(7)
- Only the police can re-detain these three categories of patient
- The police must return the patient to the court which remanded them.
- There is no power of entry under the MHA to exercise these powers, but! -
- Escaping from lawful custody is a criminal offence and a power of entry may be exercised to effect and arrest for it, OR
- Obtain a warrant under s135(2).
Boss have you got an email I can send a quick question to about a s3 patient an moving them from one place of safety to a hospital?
Thanks
Posted by Jobmet | January 22, 2013, 12:16 pmNo problem mate – mentalhealthcop@live.co.uk
Posted by mentalhealthcop | January 22, 2013, 2:09 pmWhat about absconding from guardianship? Would police assist the recall to the designated place of residence?
Posted by greenp | January 22, 2013, 5:49 pmThey can assist, legally speaking. I’ll add this to the post shortly(!) – well spotted. Whether they will assist, is something that will be determined in your local protocol. If it isn’t, it should be!
Posted by mentalhealthcop | January 23, 2013, 10:43 amWhat about absconding from a hospital where they are an informal patient? Can the police get involved? Can they be sectioned?
Posted by silentscreamsandfakesmiles | February 10, 2013, 6:53 amThe police often receive reports about informal patients who have left without notice / permission. Nothing prevents the police being told or involved in searching for them, but we can only detain them if we find them in a public place.
If we find them at home, for example, then we have no power alone to act – it would be necessary to get MH services to attend the address and assess the person for detention under the MHA.
Posted by mentalhealthcop | February 10, 2013, 8:39 pm