The scenario is this - patient assessed at home by AMHP and ambulance are there ready to convey. The person does not want to go to hospital and runs off. An application has already been made to a named bed and as such they are liable to be detained.
Would this be treated as an AWOL (bear in mind the person hasn’t made it to hospital yet) or a missing person (in accordance with the police’s adoption of RCRP)?
Would s138 or s18 apply in this case?
Applications are made to the hospital and not a named bed; it is up the managers as to where exactly the patient is placed once admitted.
‘Liable to be detained’ is not defined in the Act and this forum has seen debate for and against, whether or not the making of an application puts a person in the position of being liable to be detained.
And to address your specific question; s.18 does not apply; the person has escaped from custody and can be retaken under the authority of s.138, within the time limits set out in s.6.
Not AWOL as had never become an inpatient prior to absconding.
Can be retaken under s138 having absconded, timeframes for re-detention vary depending on what the applied for section was.
Thanks so much! That is what I thought but was being told s18…thanks as always for the clarity.
If a warrant is required in this case, is it a s135(1) or 135(2)?
Section 135(2).