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

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Circumstances in which a patient is liable to be taken into custody by specified persons

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2.—(1) A patient–

(a)who is subject to any of the orders or directions mentioned in column A in the following Table; and

(b)who absconds or fails to comply with requirements imposed on the patient by virtue of the orders or directions to which the patient is subject or otherwise by virtue of the 2003 Act or the 1995 Act,

shall be liable to be taken into custody by the persons specified in regulation 3 in any of the circumstances mentioned in the sub-paragraphs of paragraph (2) which are referred to in column B of that Table opposite the entry in column A.

TABLE

AB
ORDER/DIRECTIONSub-paragraphs of paragraph (2) of this regulation
assessment order(a) to (f) and (i)
treatment order(a) to (f) and (i)
temporary compulsion order made under section 54(1)(c) of the 1995 Act(a) to (c) and (i)
interim compulsion order(a) to (f) and (i)
compulsion order that authorises the detention of the patient in hospital in terms of section 57A(8)(a) of the 1995 Act(a) to (f), (i), (l) and (m)
compulsion order that does not authorise the detention of the patient in hospital in terms of section 57A(8)(a) of the 1995 Act(g), (h) and (i)
compulsion order where the patient is also subject to a restriction order(a) to (f), (i), (j), (l) and (m)
hospital direction(a) to (f), (i), (k), (l) and (m)
transfer for treatment direction(a) to (f), (i), (k), (l) and (m)

(2) The circumstances are when the patient–

(a)absconds from any place where the patient is being kept pending removal to hospital under the order or direction;

(b)absconds while being removed to hospital under the order or direction;

(c)absconds from the hospital in which, under the order or direction, the patient is being detained;

(d)absconds from the charge of a person authorised in writing in terms of sections 127(6)(a)(1), 221(6)(a) or 224(7)(a) (patient to be kept in the charge of an authorised person) of the 2003 Act;

(e)breaches a condition specified in a certificate granted under sections 127(1), 221(2) or 224(2) (certificates suspending authority to detain under certain orders and directions) of the 2003 Act that the patient reside continuously or for or at specified times at a specified place;

(f)absconds following the expiry of a specified period or after the occurrence of a specified event or on revocation of a certificate granted under sections 127(1), 128(1), 221(2) or 224(2) of the 2003 Act;

(g)breaches a requirement to reside at a specified place in terms of section 57A(8)(e) (imposition of residence requirement in compulsion order) of the 1995 Act;

(h)changes address without having obtained approval of the patient’s mental health officer in breach of a requirement to obtain the approval of the mental health officer;

(i)absconds from custody;

(j)absconds following recall to hospital by warrant issued under section 202 (recall of patients from conditional discharge) of the 2003 Act;

(k)absconds while being removed to a prison, institution or other place (not being a hospital) on the direction of the Scottish Ministers under section 216(2) (effect of revocation by Scottish Ministers of a hospital direction or transfer for treatment direction) of the 2003 Act;

(l)absconds while being transferred from one hospital to another under–

(i)section 124 (2) as applied by section 178 of the 2003 Act (transfer where patient is subject to a relevant compulsion order); or

(ii)section 218(2) of that Act (transfer where patient is subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction); or

(m)absconds while being removed from Scotland by virtue of regulations made under section 290 of the 2003 Act.

(1)

Section 127 of the Mental Health (Care and Treatment) (Scotland) Act 2003 is applied in relation to a patient subject to a relevant compulsion order by section 179 of that Act.

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