Armed Forces Act 2006

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)

7 (1) This paragraph applies if—

(a) a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b) a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2) The person making the determination must, as soon as practicable—

(a) make a record of the determination and the reasons for it; and

(b) make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3) The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (5) to (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6) If that person is not a registered medical practitioner, the detention period is—

(a) 6 hours beginning with that time; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9) In this paragraph “prescribed person” means a person of a description prescribed by regulations made by the Secretary of State.