Armed Forces Act 2006

Section 351

SCHEDULE 12 Detention etc of persons in overseas service hospitals

The relevant conditions

1 (1) In this Schedule references to the relevant conditions, in relation to a person, are to the following conditions.

(2) Condition A is that the person is suffering from mental disorder.

(3) Condition B is that the mental disorder is of such a nature or degree as to warrant his detention in a hospital for assessment or treatment for at least a limited period.

(4) Condition C is that it is necessary that the person be so detained—

(a) in the interests of his own health or safety; or

(b) with a view to the protection of others.

Order for person’s detention in overseas service hospital

2 (1) This paragraph has effect in relation to—

(a) a person subject to service law, or

(b) a civilian subject to service discipline,

outside the British Islands.

(2) Sub-paragraph (3) applies if it appears to the person’s commanding officer that all the relevant conditions are met in the case of the person and—

(a) two registered medical practitioners make recommendations that an order under that sub-paragraph should be made in relation to the person; or

(b) the case is urgent and one registered medical practitioner makes a recommendation that such an order should be made in relation to the person.

(3) The commanding officer may make an order—

(a) in a case where, at the time the order is made, the person has been admitted to an overseas service hospital and has not been discharged—

(i) for the person’s detention in that service hospital for assessment or treatment; or

(ii) for the person’s admission to and detention in another overseas service hospital specified in the order for assessment or treatment;

(b) otherwise, for the person’s admission to and detention in an overseas service hospital specified in the order for assessment or treatment.

(4) Sub-paragraph (5) applies if—

(a) the person’s commanding officer makes an order under sub-paragraph (3) for the person’s detention in (or admission to and detention in) a service hospital on the recommendation of one registered medical practitioner; and

(b) while the order is in force, there is produced to him a recommendation of another registered medical practitioner that an order under sub-paragraph (5) should be made in relation to the person.

(5) The commanding officer may make an order—

(a) for the person’s further detention in that service hospital for assessment or treatment; or

(b) for the person’s admission to and detention in another overseas service hospital specified in the order for assessment or treatment.

(6) See paragraph 4 for requirements as to recommendations under this paragraph.

Effect of order under paragraph 2

3 (1) This paragraph makes provision as to the effect of an order of a person’s commanding officer under paragraph 2.

(2) An order under paragraph 2(3) has effect—

(a) if made by virtue of paragraph 2(2)(a), for 28 days;

(b) if made by virtue of paragraph 2(2)(b), for 5 days.

(3) An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph 2(3) referred to in paragraph 2(4).

(4) While in force, the order is sufficient authority—

(a) in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the person to be taken and conveyed to the service hospital specified in the order;

(b) in any case, for the person to be detained in the service hospital specified in the order; and

(c) in a case where arrangements are made for the person to be removed to the United Kingdom for further assessment or treatment, for him to be—

(i) taken from the service hospital specified in the order and conveyed to the United Kingdom; and

(ii) for that purpose, detained in any place or on board any ship or aircraft.

(5) Where the person is removed to the United Kingdom on the authority of the order, he must not after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.

Requirements as to recommendations under paragraph 2

4 (1) A recommendation under paragraph 2 must include a statement that the person making it is satisfied that all the relevant conditions are met in the case of the person to whom it relates.

(2) A recommendation under paragraph 2(2)(b) must also include a statement that—

(a) the person needs to be detained in (or admitted to and detained in) a hospital urgently; and

(b) the urgency makes it impracticable for another recommendation to be sought before making an order under paragraph 2(3) in relation to the person.

Exercise of powers under paragraph 2 where person’s commanding officer is absent etc

5 (1) This paragraph has effect in relation to a person subject to service law outside the British Islands.

(2) If the person’s commanding officer is absent or otherwise not available, any authorised officer may exercise in relation to the person the powers conferred by paragraph 2.

(3) For the purposes of this paragraph, an officer is “authorised” if he is—

(a) subject to service law;

(b) of or above the rank of naval lieutenant, military or marine captain or flight lieutenant; and

(c) under the command of the person’s commanding officer.

Power to review order under paragraph 2

6 (1) The Secretary of State may make regulations for enabling a person to apply for the revocation of an order under paragraph 2 as soon as the order is made.

(2) The regulations may in particular make provision as to—

(a) who may make an application;

(b) the persons who are to hear the application;

(c) the procedure for hearing the application (including evidence);

(d) the grounds on which the order may be revoked;

(e) the functions of the persons hearing the application.

(3) Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the application—

(a) power to confirm an order under paragraph 2;

(b) power to revoke such an order and order the immediate release of the person subject to the order.

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)

7 (1) This paragraph applies if—

(a) a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b) a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2) The person making the determination must, as soon as practicable—

(a) make a record of the determination and the reasons for it; and

(b) make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3) The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (5) to (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6) If that person is not a registered medical practitioner, the detention period is—

(a) 6 hours beginning with that time; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9) In this paragraph “prescribed person” means a person of a description prescribed by regulations made by the Secretary of State.

Urgent removal from service living accommodation to overseas service hospital

8 (1) This paragraph applies if a service policeman has reasonable grounds for believing that—

(a) there is in any service living accommodation outside the British Islands a person (“the patient”) who is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder;

(c) the patient is in urgent need of care or control to prevent him causing serious harm to himself or others; and

(d) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2) The service policeman may—

(a) enter the service living accommodation; and

(b) remove the patient to an overseas service hospital.

(3) The service policeman must if reasonably practicable be accompanied by—

(a) a registered medical practitioner, or

(b) a person of a description prescribed by regulations made by the Secretary of State,

who may assist the service policeman to exercise the power conferred on him by sub-paragraph (2).

(4) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(5) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (6) and (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(6) The detention period is—

(a) 6 hours beginning with his arrival at the service hospital; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

Urgent removal from other places to overseas service hospital

9 (1) This paragraph applies if a service policeman finds a person (“the patient”) in a relevant place outside the British Islands and it appears to the service policeman that—

(a) the patient is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder; and

(c) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2) The service policeman may remove the patient to an overseas service hospital.

(3) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (5) and (6)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) The detention period is—

(a) 6 hours beginning with his arrival at the service hospital; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(6) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(7) The person making a determination under sub-paragraph (5)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(8) In this paragraph “relevant place” means—

(a) a place to which the public have access; or

(b) any premises (within the meaning of Part 3) which are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty’s forces but are not service living accommodation.

Use of force

10 Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force, if necessary, in the exercise of the power.

Service custody

11 While a person is being conveyed, removed or detained by virtue of any provision of this Schedule, the person is deemed to be in service custody.

Definitions

12 (1) In this Schedule “overseas service hospital” means a service hospital outside the British Islands.

(2) In this Schedule “service hospital” means—

(a) a military, air-force or naval unit or establishment, or

(b) a ship,

at or in which medical or surgical treatment is provided for persons subject to service law.

(3) In this Schedule “service living accommodation” has the same meaning as in Part 3 (see section 96).