The Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005

Review of compulsion order (without a restriction order)

10.—(1) Subject to paragraphs (2) to (4), in the case of a patient who is subject to a compulsion order without a restriction order whose unauthorised absence falls within the description in regulation 6(3)(a), the responsible medical officer shall, during the period of 14 days in which the order continues in effect, carry out a review of the patient’s compulsion order complying with the requirements of section 139(3) of the 2003 Act.

(2) Where any part of the period of 14 days referred to in paragraph (1) occurs within the period of 2 months mentioned in subsection (6) of section 139 or subsection (3) of section 140 of the 2003 Act, the review which would (apart from this paragraph) have been carried out during that period of 2 months under that section shall not be carried out.

(3) Where the compulsion order to which the patient is subject has not been extended as mentioned in section 140(1)of the 2003 Act, those of the other review provisions which relate to a further review apply.

(4) Where that order has been so extended, those of the other review provisions which relate to a further review apply.

(5) Subject to paragraph (6), in the case of a patient who is subject to a compulsion order without a restriction order whose unauthorised absence falls within the description in regulation 6(3)(b) or (c), the responsible medical officer shall, during the period of 14 days in which the order continues in effect, carry out a review of the patient’s compulsion order complying with the requirements of section 139(3) of the 2003 Act.

(6) Where any part of the period of 14 days referred to in paragraph (5) occurs within the period of 2 months mentioned in subsection (6) of section 139 or subsection (3) of section 140 of the 2003 Act, the review which would (apart from this paragraph) have been carried out during that period of 2 months under that section shall not be carried out.

(7) Where–

(a) the compulsion order to which a patient is subject is, under this regulation, treated as continuing in effect; and

(b) the patient’s unauthorised absence–

(i) began at a time when a review of the order was being carried out under sections 139 or 140 of the 2003 Act; and;

(ii) or, if that is not appropriate or practicable,

then anything done by the patient’s responsible medical officer for the purposes of that review which (apart from this paragraph) would fall to be done for the purpose of a review under this regulation need not, for those latter purposes, be done.