MHA 1983 s21

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part II contents

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12ZA, 12ZB, 12ZC, 12A, 13, 14, 15, 16, 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18, 19, 19A, 20, 20A, 20B, 21, 21A, 21B, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Changes made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

  • Reference Guide to the Mental Health Act 1983, 12. Detention in hospital, 15. Supervised Community Treatment, 19. Guardianship and guardianship orders, 23. References to the Tribunal — paragraphs 12.72 to 12.77 (detention), 15.79 to 15.84 (SCT), 19.98 to 19.103 (guardianship) and 23.15 (managers’ duty to refer to the Tribunal)

Law

Special provisions as to patients absent without leave

[21.—(1) Where a patient is absent without leave—

(a) on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act [or, in the case of a community patient, the community treatment order would cease to be in force];[1] or
(b) within the period of one week ending with that day,

he shall not cease to be so liable or subject[, or the order shall not cease to be in force,][1] until the relevant time.

(2) For the purposes of subsection (1) above the relevant time—

(a) where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be;
(b) where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and
(c) otherwise, is the end of the period during which he can be taken into custody under section 18 above.][2]

[(3) Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to [the appropriate tribunal],[3] that requirement shall not apply unless and until—

(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.][1]

[(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.][1]

Amendments

  1. 1.0 1.1 1.2 1.3 Mental Health Act 2007 s32 & sch 3, s37; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. Mental Health (Patients in the Community) Act 1995
  3. Transfer of Tribunal Functions Order 2008 wef 3/11/08