(1)  This section applies if, while in the custody of the controlling authority of an SMHU, a forensic patient who is not subject to a restriction order –

(a) absconds from that custody; or

(b) fails, while on a leave of absence from the SMHU, to comply with the terms or conditions of that leave; or

(c) is on a leave of absence from the SMHU and the leave expires.

(2)  The controlling authority, by instrument in writing, may authorise a police officer to lawfully detain the patient and return the patient to the SMHU.

(3)  For the purposes of subsection (2) the custody and escort provisions apply to a patient being lawfully detained under this section as if the patient were temporarily detained for assessment.

(4)  However, the power under subsection (2) is not to be exercised if, at the relevant time, the patient would no longer be liable to be admitted to the SMHU as a forensic patient.

(5)  In this section –

leave of absence means leave of absence granted under Division 5 or 6 .

Note

The return to an SMHU of a forensic patient subject to a restriction order is provided for in the Criminal Justice (Mental Impairment) Act 1999 .