138 Retaking of patients escaping from custody
Mental Health Act 1983 (1983 c 20) | Legislation

138  Retaking of patients escaping from custody

(1)     If any person who is in legal custody by virtue of section 137 above escapes, he may, subject to the provisions of this section, be retaken—

(a)     in any case, by the person who had his custody immediately before the escape, or by any constable or [approved mental health professional];

(b)     if at the time of the escape he was liable to be detained in a hospital within the meaning of Part II of this Act, or subject to guardianship under this Act, [or a community patient who was recalled to hospital under section 17E above,] by any other person who could take him into custody under section 18 above if he had absented himself without leave.

(2)     A person to whom paragraph (b) of subsection (1) above applies shall not be retaken under this section

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