MHA 1983 s137
Mental Health Act 2007
- This section is not changed by the Mental Health Act 2007.
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[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 [Note that the chapter number relates to the old Reference Guide] — chapter 31
Provisions as to custody, conveyance and detention
137.—(1) Any person required or authorised by or by virtue of this Act to be conveyed to any place or to be kept in custody or detained in a place of safety or at any place to which he is taken under section 42(6) above shall, while being so conveyed, detained or kept, as the case may be, be deemed to be in legal custody.
(2) A constable or any other person required or authorised by or by virtue of this Act to take any person into custody, or to convey or detain any person shall, for the purposes of taking him into custody or conveying or detaining him, have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable.
(3) In this section "convey" includes any other expression denoting removal from one place to another.