MHA 1983 s87
Change made by Mental Health Act 2007
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 [Note that the chapter number relates to the old Reference Guide] — paragraphs 31.20 to 31.22
Patients absent from hospitals in Northern Ireland
87.—(1) Any person who—
- (a) under [Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986] (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or
- (b) under the said [Article 29 as applied by Article 31 of the said Order] (which makes special provision as to persons sentenced to imprisonment),
may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an [approved mental health professional], by any constable or by any person authorised by or by virtue of the [said Order] to take him into custody.
(2) This section does not apply to any person who is subject to guardianship.
- Mental Health (Northern Ireland Consequential Amendments) Order 1986
- 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