I’d previously never given thought to the idea a s47/49 patient, transferred from prison after being convicted for an offence and imprisoned for it, would then be granted authorised leave from hospital. In my hypothetical situation, let’s imagine that’s happened and the patient has failed to return to hospital.
The exam questions are around a power to re-detain and to force entry in order to re-detain.
I was, perhaps erroneously, under the impression that s47 patients are treated as if they had been made subject to a hospital order under s37 (for this claim: see s47(3) MHA)) and therefore, by virtue of s40(4) they are treated as if they were AWOL once they abscond or fail to return.
My exam answers are its s18 MHA re-take them and, assuming the above is correct, there is no power of entry available so a warrant under s135(2) MHA would be required (unless the police had “life and limb” grounds for s17 PACE - but let’s assume they doesn’t exist).
135(2) Warrant?!