Mental Health (Compulsory Assessment and Treatment) Act 1992

50 Leave of special patients

  • (1) Subject to subsection (2), if 2 medical practitioners certify that a person who is detained in a hospital as a special patient acquitted on account of insanity or pursuant to an order made under section 45 or pursuant to section 46 of this Act or under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is fit to be allowed to be absent from the hospital, the Minister may grant leave of absence from the hospital on such conditions as the Minister thinks fit, including (at the Minister's discretion) a condition that the person will return to the hospital on such date or within such period as the Minister may specify.

    (2) The power to grant leave under this section shall not be exercised in respect of any person who—

    • (a) was, immediately before his or her admission to the hospital, detained in a prison while awaiting or during the course of a trial or hearing before any court or while awaiting sentence by any court or pending the determination of any appeal to any court against conviction; or

    • (b) is subject to a sentence of imprisonment for life or to a sentence of preventive detention.

    (3) The Minister may, at any time during any period of leave granted under this section to any patient, cancel that leave; and in any such case the Director shall, in writing under his or her hand, direct that the patient be admitted or re-admitted to a specified hospital.

    (4) In any case to which subsection (3) applies, the patient may be taken to the specified hospital by the Director, or by the Director of Area Mental Health Services, or by a duly authorised officer, or by any constable, or by any person to whom the charge of the patient has been entrusted during the period of leave.

    (5) If the specified hospital is not the one from which the patient was on leave, the patient shall be received and detained there as if he or she had been transferred to that hospital pursuant to section 49.

    Section 50(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 50(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 50(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).