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

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Effect of unauthorised absence on orders and directions

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9.—(1) In this regulation, references to a patient’s unauthorised absence are references to the patient’s being liable to be taken into custody in terms of regulation 2 for such absconding or failure.

(2) This regulation makes provision as to the effect of such unauthorised absence.

(3) Where, in the case of a patient who is subject to a compulsion order without a restriction order, the patient’s unauthorised absence–

(a)continued for more than 28 consecutive days and less than 3 months, but ceased more than 14 days before the day on which the order to which the patient is subject would, apart from this paragraph, cease to authorise the measures specified in it;

(b)ceased either on the day on which the order to which the patient is subject would, apart from this paragraph, cease to authorise the measures specified in it, or within 14 days of that date; or

(c)continued for a period of less than 3 months or less but ceased after the day on which the order to which the patient is subject ceased to authorise the measures specified in it,

  • the order shall continue in effect until the end of the period of 14 days beginning with the day on which the patient’s unauthorised absence ceased; or

(d)continued for a period of 3 months, the order shall then cease to have effect.

(4) Where the patient is subject to an assessment order or an interim compulsion order, the patient’s unauthorised absence does not affect the continuity of such order, the duration of which shall not take account of any day falling within the period of the patient’s unauthorised absence.

(5) Where the patient is subject to a hospital direction or a transfer for treatment direction, the patient’s unauthorised absence does not affect the continuity of the sentence of imprisonment to which the patient is subject, which sentence shall be treated as if suspended during the patient’s unauthorised absence and shall continue in effect on the day on which the patient’s unauthorised absence ceased.

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