Mental Health Act 1983

22 Special provisions as to patients sentenced to imprisonment, etc. U.K.

(1) Where a patient who is liable to be detained by virtue of an application for admission for treatment or is subject to guardianship by virtue of a guardianship application is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody), and is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months, the application shall cease to have effect at the expiration of that period.

(2) Where any such patient is so detained in custody but the application does not cease to have effect under subsection (1) above, then—

(a) if apart from this subsection the patient would have ceased to be liable to be so detained or subject to guardianship on or before the day on which he is discharged from custody, he shall not cease and shall be deemed not to have ceased to be so liable or subject until the end of that day; and

(b) in any case, sections 18 [F1 , 21 and 21A] above shall apply in relation to the patient as if he had absented himself without leave on that day.

[F2 (3) In its application by virtue of subsection (2) above section 18(4) above shall have effect with the substitution of the words “end of the period of 28 days beginning with the first day of his absence without leave.” for the words from “later of” onwards.]

Extent Information

E1 For extent of s. 22 see ss. 146, 147

Textual Amendments

F1 Words in s. 22(2)(b) substituted (1.4.1996) by 1995 c. 52, ss. 2(3)(a), 7(2)

F2 S. 22(3) inserted (1.4.1996) by 1995 c. 52, ss. 2(3)(b), 7(2)