[F1121A Warrants for arrest of escaped mental patients.U.K.
(1)On an application being made to a justice alleging that any person is a convicted mental patient liable to be retaken under section 18, 38(7) or 138 of the Mental Health Act 1983, section 28, 44 or 121 of the this Act or [F2Articles 29, 45(6) and 132 of the M1Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody), the justice may issue a warrant to arrest him and bring him before any sheriff.
(2)Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is a convicted mental patient as mentioned in subsection (1) above, order him to be kept in custody or detained in a place of safety pending his admission to hospital.
(3)Section 137 of the Mental Health Act 1983 and [F3Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of the said Act of 1983 or 1961, as the case may be, to be so conveyed, kept or detained.
(4)In this section—
“convicted mental patient” means a person liable after being convicted of an offence to be detained under Part III of the Mental Health Act 1983, Part VI of this Act, Part III of [F4the Mental Health (Northern Ireland) Order 1986] or section 52, 59(1) to (10) or 60 of the Criminal Procedure (Scotland) Act 1995 in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge or a person liable to be detained under section 38 of the said Act of 1983;
“place of safety” has the same meaning as in Part III of the said Act of 1983 or Part III of [F4the said Order of 1986] or section 297 of the said Act of 1995, as the case may be.]
Textual Amendments
F1S. 121A inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4, para. 50(9)
F2Words in s. 121A(1) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(14)(a); S.I. 1997/1712, art. 3, Sch.
F3Words in s. 121A(3) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(14)(b); S.I. 1997/1712, art. 3, Sch.
F4S. 121A(4): Words in definition of “convicted mental patient” and “place of safety” substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(14)(c); S.I. 1997/1712, art. 3, Sch.
Marginal Citations