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

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Steps which may be taken by specified persons on taking patients into custody

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4.—(1) Where a patient, who is subject to any of the orders or directions mentioned in Column A of the following Table, is taken into custody in terms of regulation 2 by a person specified in regulation 3, the steps which may be taken by that person in respect of that patient shall be the steps 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-paragraph of paragraph (2) of this regulation
Assessment order(a)(i) and (ii) and (b)(i) and (ii)
treatment order(a)(i) and (ii) and (b)(i) and (ii)
temporary compulsion order(a)(i) and (ii)
interim compulsion order(a)(i) and (ii) and (b)(i) and (ii)
compulsion order that authorises the detention of the patient in hospital in terms of section 57A(8)(a) of the 1995 Act(a)(i) and (ii) and (b)(i) and (ii) and (e)
compulsion order that does not authorise the detention of the patient in hospital in terms of section 57A(8)(a) of the 1995 Act(c)
compulsion order where the patient is also subject to a restriction order(a)(i) and (ii) and (b)(i) and (ii) and (e)
hospital direction(a)(i) and (ii), (b)(i) and (ii), (d) and (e)
transfer for treatment direction(a)(i) and (ii), (b)(i) and (ii), (d) and (e)

(2) The steps which may be taken by a person specified in regulation 3, upon their taking a patient into custody are–

(a)if the patient was detained, or to be detained, in a hospital specified in the order or direction–

(i)take the patient to that hospital;

or, if that is not appropriate or practicable,

(ii)take the patient to any other place considered appropriate by the patient’s responsible medical officer;

(b)where appropriate, return the patient to the charge of the person referred to in regulation 2(2)(d) and that person may either–

(i)resume charge of the patient;

or, if that is not appropriate or practicable,

(ii)take the patient to any other place considered appropriate by the patient’s responsible medical officer;

(c)return or take the patient to such other place as the patient absconded from or at which the patient failed to reside or, if that is not appropriate or practicable, take the patient to any other place considered appropriate by the patient’s responsible medical officer;

(d)if the patient absconded in the circumstances referred to in regulation 2(2)(k)–

(i)take the patient to the prison, institution or other place to which the patient was being removed at the time when the absconding took place;

or, if that is not appropriate or practicable,

(ii)take the patient to any other place considered appropriate by the patient’s responsible medical officer; or

(e)if the patient absconded in the circumstances referred to in regulation 2(2)(m)–

(i)take the patient to the place to which the patient was being removed at the time when the absconding took place;

or, if that is not appropriate or practicable,

(ii)take the patient to any other place considered appropriate by the patient’s responsible medical officer.

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