# Patient on S3 goes AWOL and travels abroad for longer than a year - what happens?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221>\
**Category:** Mental Health Act\
**Tags:** awol\
**Created:** [24 February 2026 15:45 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221 "2026-02-24T15:45:40Z")\
**Posts on this page:** 1\
**Showing post:** 9

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [24 February 2026 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221/9 "2026-02-24T16:43:32Z")

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> [@Christoph](#):
>
> > [@TimGorvett](#):
> >
> > _Worcestershire_ is very helpful here, also. By going out of the jurisdiction with no plan to return, the patient has become a person to whom the s.117 aftercare duty no longer applies, and you should consider with the responsible authorities discharging that duty as soon as they are satisfied as to the point.
> 
> So the s3 would simply lapse if this is what you are saying?

No. Tim’s response does not answer your question.

Your question was already answered [here](https://forum.mentalhealthlaw.co.uk/t/patient-detained-on-s3-gone-awol-abroad-s3-expires-and-still-not-returned-what-happens/5136).

> (4) A patient shall not be taken into custody under this section after the later of—
> 
> (a) the end of the period of six months beginning with the first day of his absence without leave; and
> 
> (b) the end of the period for which (apart from section 21 below) he is liable to be detained or subject to guardianship or, in the case of a community patient, the community treatment order is in force

The Section 3 will automatically expire and the patient cannot be retaken after the above periods; whichever is later out of (a) 6 months after the date of AWOL, or (b) the end of the current eligibility. If the patient has been abroad for over a year, the Section 3 would have lapsed. To redetain this patient, a fresh MHA Assessment would need to be conducted.

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