C1C2Part II Compulsory Admission to Hospital and Guardianship
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2
F7Duration of authority and discharge
S. 20: cross-heading substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 32(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
21F1 Special provisions as to patients absent without leave.
1
Where a patient is absent without leave—
a
on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act F2or, in the case of a community patient, the community treatment order would cease to be in force ; or
b
within the period of one week ending with that day,
he shall not cease to be so liable or subject F3, or the order shall not cease to be in force, until the relevant time.
2
For the purposes of subsection (1) above the relevant time—
a
where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be;
b
where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and
c
otherwise, is the end of the period during which he can be taken into custody under section 18 above.
F43
Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to F5the appropriate tribunal, that requirement shall not apply unless and until—
a
the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or
b
the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.
F64
Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when—
a
the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or
b
the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.
5
Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time.
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)