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The Mental Health (Northern Ireland) Order 1986

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Retaking of patients escaping from custodyN.I.

132.—(1) If any person being in legal custody by virtue of Article 131escapes, he may, subject to paragraphs (2) to (6), be retaken—

(a)in any case, by the person who had his custody immediately before the escape, or by any constable or approved social worker;

(b)if at the time of the escape he was liable to be detained in a hospital or subject to guardianship under this Order, by any other person who could take him into custody under Article 29 if he had absented himself without leave.

(2) A person who escapes as aforesaid when liable to be detained or subject to guardianship as mentioned in paragraph (1)(b) (not being a person subject to a restriction order or an order or direction having the same effect as such an order) shall not be retaken under this Article after the expiration of the period within which he could be retaken under Article 29 if he had absented himself without leave on the day of the escape; and Article 29(3) shall apply with the necessary modifications accordingly.

(3) A person who escapes while being taken to or detained in a place of safety under Article 129 or Article 130 shall not be retaken under this Article after the expiration of the period of 48 hours beginning with the time when he escapes or the period during which he is liable to be so detained, whichever expires first.

(4) This Article, so far as it relates to the escape of a person liable to be detained in a hospital, shall apply in relation to a person who escapes—

(a)while being taken to or from a hospital in pursuance of Article 28, or of any order or direction under Part III; or

(b)while being taken to or detained in a place of safety in pursuance of an order under Part III pending his admission to a hospital;

as if he were liable to be detained in that hospital and, if he had not previously been received therein, as if he had been so received.

(5) This Article, so far as it relates to the escape of a person liable to be detained in a hospital, shall apply in relation to a person who, being in legal custody by virtue of the [1983 c. 20] Mental Health Act 1983 or the[F1 Mental Health (Care and Treatment) (Scotland) Act 2003] escapes while being taken to a hospital in pursuance of any direction or authorisation under Part VI of the Act of 1983 or[F1 being removed to Northern Ireland under regulations made under section 290 of the Act of 2003] as if—

(a)he were in legal custody by virtue of Article 131; and

(b)he were liable to be detained in the hospital to which he is being taken and had previously been received therein.

(6) In computing for the purposes of Article 46 the period of 28 days therein mentioned, any time during which the patient is at large and liable to be retaken by virtue of this Article shall be left out of account.

(7) Article 30 shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this Article as it applies in relation to a patient who is absent without leave within the meaning of Article 29, and references therein to Article 29 shall be construed accordingly.

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F1SI 2005/2078

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