[F1(1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—
(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or
(b)a convicted mental patient liable to be retaken under [F2section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M1Mental Health (Scotland) Act 1960 or [F3Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);
the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.
(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.
(3)[F4section 137 of the Mental Health Act 1983], section 105 of the M2Mental Health (Scotland) Act 1960 and [F5Article 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 [F6the said Act of 1983], 1960 [F7or 1984 or the said Order of 1986] 1960 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 [F8Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F9(Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F10or in pursuance of a hospital direction and a limitation direction][F11or a person liable to be detained under][F8section 38 of the said Act of 1983][F12or Article 45 of the Mental Health (Northern Ireland) Order 1986];
“place of safety” has the same meaning as in [F8Part III of the said Act of 1983] or 1960 or Part III of the said [F13Order of 1986], as the case may be;
“Prison Act” means the M3Prison Act 1952, the M4Prisons (Scotland) Act 1952 or the M5Prison Act (Northern Ireland) 1953, as the case may be.]
(5)Section 27 of the M6Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.
[F14(6)References in this section to offences include service offences within the meaning of the Armed Forces Act 2006.]
Textual Amendments
F1S. 72(1)–(4) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I
F2Words substituted by virtue of Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(a) and Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(a)
F3Words substituted by S.I. 1986/596, art. 5(a
F4Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)
F5Words substituted by S.I. 1986/596, art. 5(b)
F6Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)
F7Words substituted by virtue of S.I. 1986/596, art. 5(b)
F8Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(c)
F9Words substituted by S.I. 1986/596, art. 5(c)
F10Words in s. 72(4) inserted (1.10.1997) by 1997 c. 43, s. 55(1), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(l)(2)(b)
F11Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(b)
F12Words added by 1986/596, art. 5(c)
F13Words substituted by S.I. 1986/596, art. 5(d)
F14S. 72(6) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 49; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1S. 72 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 10
C2S. 72(4) amended (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, s. 55(2), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(m)
C3The text of s. 72(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations