# Refusal of s17 leave for court appearance

**URL:** <https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113>\
**Category:** Mental Health Act\
**Tags:** crime, leave\
**Created:** [4 January 2024 23:07 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113 "2024-01-04T23:07:07Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Taylor](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/c2a13f/32.png) [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\
**Post date:** [4 January 2024 23:07 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113/1 "2024-01-04T23:07:07Z")

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Can RC refuses leave for a court appearance?  
If they cant then - where is this said in law, case law or tertiary legislation /guidance?  
If they can the would the patient not be committing an offence of failing to attend and would the RC be perverting the course of justice - ie if Ps evidence in court could change outcome?  
Any advice would be helpful

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**Author:** ![mat\_kinton](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/c67d28/32.png) [@mat\_kinton](https://forum.mentalhealthlaw.co.uk/u/mat_kinton)\
**Post date:** [5 January 2024 09:28 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113/2 "2024-01-05T09:28:28Z")

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That would be a brave or foolhardy RC, and I can’t imagine the circumstances where the question would arise. I’d go back to the discussion about arrest and detention under the MHA: some legal procedures (i.e. arrest, court appearance) are just things that, in practice, trump MHA detention status and MHA procedures. If a patient is too unwell to safely travel etc that would be a matter to raise with the court authorities and sort out what to do.  
Mat Kinton (CQC National MHA Policy Advisor, personal capacity)