MHA 1983 s88
Changes made by Mental Health Act 2007
- New cross-border arrangements for leave and transfer 3/11/08
- Approved Mental Health Professional replaces Approved Social Worker 3/11/08
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 31. Legal custody, absconding and retaking — paragraphs 31.12 to 31.13
Patients absent from hospitals in England and Wales
88.—(1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, [Northern Ireland].
[(2) For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression "constable" includes an officer or constable of the Police Service of Northern Ireland.]
(3) For the purposes of the said enactments in their application by virtue of this section [...], any reference to an [approved mental health professional] shall be construed as including a reference—
- (a) [...]
- (b) [...] to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].
- to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].
(4) This section does not apply to any person who is subject to guardianship.
- Mental Health Act 2007 s39 & sch 5, s55 & sch 11; Mental Health Act 2007 (Commencement No. 9) Order 2008 wef 28/10/08
- Mental Health Act 2007 s21 & sch 2; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 (England), Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 (Wales), wef 3/11/08
- Mental Health (Northern Ireland Consequential Amendments) Order 1986
Repealed - Scotland only
This section is repealed by Adult Support and Protection (Scotland) Act 2007 wef 3/11/08.