Dose a patient commit a criminal offence if they abscond from compulsory treatment under the MHA ?
I am awear that it is an offence to assist a patient to abscond under section 128 MHA but dose the patient them selves commit an offence? I believe prisoners commit an offence by absconding so dose this apply? If so is it just to part 3 patients
Thanks for your help in advance
Anyone detained in hospital under the MHA is in lawful custody so in principle the offence is committed by anyone who absconds but in practice, it would only be considered for those who abscond from Part III provisions and even then, not always.
For example, Home Office guidance only requires an offence of “escape lawful custody” be recorded as a crime for those Part III situations.