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The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

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Assisting patients to absent themselves without leave etc.

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10.—(1) Any person who in England and Wales or Northern Ireland does anything in relation to a person whose detention in hospital is authorised by the 2003 Act which, if done in Scotland, would make him guilty of an offence under section 316 of the 2003 Act shall be guilty of an offence.

(2) Where a person is charged with an offence under paragraph (1) as it applies to section 316(1)(b) of the 2003 Act, it shall be a defence for such person to prove that the doing of that with which the person is charged–

(a)did not obstruct the discharge by any person of a function conferred or imposed on that person by virtue of the 2003 Act or this Order; and

(b)was intended to protect the interests of the patient.

(3) Any person guilty of an offence under this article shall be liable–

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

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