Strange. I require assistance and correction. The following is constructed in Typora which is not ChatGPT or similar. [Typora is not AI]
Subsection (1):
â(1) Ifâ (a) a qualifying patient is detained in custody⌠(b) he is so detained for a period exceeding⌠six months, the relevant application shall cease to have effect on expiry of that period.â
Does this apply? No. This subsection is predicated on the patient being detained in custody (i.e., in prison or a remand centre). The patient is in a hospital, not in prison. Therefore, this entire subsection is currently inert and does not apply to the patientâs present situation.
Subsection (2):
â(2) A patient is a qualifying patient for the purposes of this section ifâ (a) he is liable to be detained by virtue of an application for admission for treatment;â
Does this apply? Yes, but only as a definition. This subsection confirms that a patient detained under a Section 3 is a âqualifying patient.â It is a definitional subsection that establishes the patientâs status, but it does not, in itself, trigger any action.
Subsection (3):
â(3) âThe relevant applicationâ, in relation to a qualifying patient, meansâ (a) in the case of a patient who is subject to guardianship, the guardianship application in respect of him; (b) in any other case, the application for admission for treatment in respect of him.â
Does this apply? Yes, as a definition. This subsection clarifies that âthe relevant applicationâ is the patientâs Section 3 order.
Subsection (4):
â(4) The remaining subsections of this section shall apply if a qualifying patient is detained in custody as mentioned in subsection (1)(a) above but for a period not exceeding, or for successive periods not exceeding in the aggregate, six months.â
Does this apply? No. This subsection is the gateway to the rest of the section. It explicitly states that subsections (5) through (8) only apply if the patient is âdetained in custody.â Since the patient is in a hospital, this condition is not met.
Subsections (5), (6), (7), and (8): These subsections detail what happens regarding liability, absent leave, etc.
Do these apply? No. As per subsection (4), none of these apply because the patient is not âdetained in custody.â
Section 22 of the MHA does not currently apply to the captioned patientâs situation. Section 22 outlines the effect a prison sentence or remand has on a personâs civil detention, but its operational clauses only become active after the patient is in prison. Since the patient remains in hospital, the conditions of Section 22 have not been met.
Conclusion:
The patient is currently being detained unlawfully.
The logical and legally correct outcome is that the patient must be transferred to prison immediately in compliance with the courtâs remand order. The hospital has no legal basis to continue detaining the patient.