Mental Capacity Act (Northern Ireland) 2016

Absence without permission

244.—(1) This section applies where a person liable to be detained under a public protection order, or liable to be detained in a hospital under a hospital direction or hospital transfer direction—

(a) absents himself or herself from the establishment concerned, without permission given under the relevant section;

(b) fails to return to the establishment concerned at the end of an occasion or period for which he or she was given permission under the relevant section to be absent, or on being recalled under that section; or

(c) absents himself or herself, without permission, from any place where he or she is required to be by conditions imposed on the grant of a permission under the relevant section.

(2) The person may be taken into custody and returned to that establishment or place by—

(a) any person on the staff of the establishment concerned;

(b) any constable;

(c) any approved social worker; or

(d) any person authorised in writing by the managing authority of the establishment concerned.

(3) In this section—

“the relevant section” means—

(a)

in relation to a person liable to be detained under a public protection order without restrictions, section 187;

(b)

in relation to a person liable to be detained under a public protection order with restrictions or liable to be detained in a hospital under a hospital direction or hospital transfer direction, section 195;

“the establishment concerned” means the hospital or other establishment where the person is liable to be detained under the order or direction.