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Public Health etc. (Scotland) Act 2008
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67Absconding from hospitalS
This section has no associated Explanatory Notes
(1)This section applies where a person is subject to—
(a)a short term detention order; or
(b)an exceptional detention order.
(2)A person who absconds—
(a)while being removed to the hospital in which that person is to be detained; or
(b)from the hospital in which the person is detained,
is liable to be taken into custody by a person mentioned in subsection (3) and returned to hospital in accordance with subsection (4).
(3)The persons who may take a person who has absconded into custody are—
(a)a constable;
(b)an officer of a health board;
(c)an officer of a local authority.
(4)The absconding person may—
(a)be returned to the hospital in which the person's detention is authorised; and
(b)be detained there for the period or, as the case may be, the remainder of the period for which detention of that person is authorised.
(5)In calculating the period mentioned in subsection (4)(b), the period beginning when the person absconded and ending when that person is returned to hospital by virtue of subsection (2) is to be left out of account.
(6)A person who may take an absconding person into custody may enter any premises in which the person is present.
(7)The power of entry in subsection (6)—
(a)may be exercised at any time; and
(b)includes power to use reasonable force.
(8)A person who is taken into custody under this section and who absconds remains liable to be taken into custody under and dealt with in accordance with this section.
Commencement Information
I1S. 67 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
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