Mental Health Act 1983

128 Assisting patients to absent themselves without leave, etc. U.K.

[F1 (1) Where any person induces or knowingly assists another person who is liable to be detained in a hospital within the meaning of Part II of this Act or is subject to guardianship under this Act [F2 or is a community patient] to absent himself without leave he shall be guilty of an offence.

(2) Where any person induces or knowingly assists another person who is in legal custody by virtue of section 137 below to escape from such custody he shall be guilty of an offence.

(3) Where any person knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be he shall be guilty of an offence.

(4) 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 the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.]

Textual Amendments

F1 S. 128 repealed (S.) (3.11.2008) by Adult Support and Protection (Scotland) Act 2007 (asp. 10), ss. 74, 79; S.S.I. 2008/49, art. 2(2) (as amended by S.I. 2008/116, art. 2(2) and S.S.I. 2008/314, art. 3)

F2 Words in s. 128(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 28 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)