SCHEDULES
SCHEDULE 12Detention etc of persons in overseas service hospitals
Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
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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.