Mental Health Act 2007

Special provisions as to patients absent without leave E+W+S+N.I.

6 (1) Section 21 (special provisions as to patients absent without leave) is amended as follows. E+W+S+N.I.

(2) In subsection (1)—

(a) in paragraph (a), after “Act” insert “ or, in the case of a community patient, the community treatment order would cease to be in force ”, and

(b) after “liable or subject” insert “ , or the order shall not cease to be in force, ”.

(3) After subsection (3) (inserted by section 37 of this Act) insert—

“(4) Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when—

(a) the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or

(b) the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.

(5) Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time.”

7 In section 21A (patients who are taken into custody or return within 28 days), after subsection (3) insert— E+W+S+N.I.

“(4) In the case of a community patient, where the period for which the community treatment order is in force is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20A(4) above may be made and furnished within the period as so extended.

(5) Where the community treatment period is extended by virtue of subsection (4) above after the day on which (apart from section 21 above) the order would have ceased to be in force, the extension shall take effect as from that day.”

8 (1) Section 21B (patients who are taken into custody or return after more than 28 days) is amended as follows. E+W+S+N.I.

(2) In subsection (2), after “ought to be” insert “ (his “return day”) ”.

(3) In subsection (3), after “detained” insert “ or is a community patient ”.

(4) For subsection (4) substitute—

“(4) Where—

(a) the patient would (apart from any renewal of the authority for his detention or guardianship on or after his return day) be liable to be detained or subject to guardianship after the end of the period of one week beginning with that day; or

(b) in the case of a community patient, the community treatment order would (apart from any extension of the community treatment period on or after that day) be in force after the end of that period,

he shall cease to be so liable or subject, or the community treatment period shall be deemed to expire, at the end of that period unless a report is duly furnished in respect of him under subsection (2) above.”

(5) After subsection (4) insert—

“(4A) If, in the case of a community patient, the community treatment order is revoked under section 17F above during the period of one week beginning with his return day—

(a) subsections (2) and (4) above shall not apply; and

(b) any report already furnished in respect of him under subsection (2) above shall be of no effect.”

(6) After subsection (6) insert—

“(6A) In the case of a community patient, where the community treatment order would (apart from section 21 above) have ceased to be in force on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall extend the community treatment period for the period prescribed in that case by section 20A(3) above.

(6B) Where the community treatment period is extended by virtue of subsection (6A) above—

(a) the extension shall take effect as from the day on which (apart from section 21 above and that subsection) the order would have ceased to be in force; and

(b) if (apart from this paragraph) the period as so extended would expire on or before the day on which the report is furnished, the report shall further extend that period, as from the day on which it would expire, for the period prescribed in that case by section 20A(3) above.”

(7) After subsection (7) insert—

“(7A) In the case of a community patient, where the community treatment order would (taking account of any extension under subsection (6A) above) cease to be in force within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20A(4) above.”

(8) In subsection (10)—

(a) for the definition of “the appropriate body” substitute—

““the appropriate body” means—

(a) in relation to a patient who is liable to be detained in a hospital, the managers of the hospital;

(b) in relation to a patient who is subject to guardianship, the responsible local social services authority;

(c) in relation to a community patient, the managers of the responsible hospital; and”, and

(b) for the definition of “the relevant conditions” substitute—

““the relevant conditions” means—

(a) in relation to a patient who is liable to be detained in a hospital, the conditions set out in subsection (4) of section 20 above;

(b) in relation to a patient who is subject to guardianship, the conditions set out in subsection (7) of that section;

(c) in relation to a community patient, the conditions set out in section 20A(6) above.”