Continuing the discussion from Deadline for admission after s2 recommendation : And, if an application has been made, it is not at all clear that the patient is straightforwardly in the AMHP’s custody during a prolonged wait. I’m not aware of any caselaw which has defined the scope of ‘take and conv…

I think this is a really important point, not least because I’ve wondered how an Article 2 inquest would test these questions if it arose, for example, that an AMHP had completed an application and then delayed the conveyance during which time the patient absconded and died by suicide of killed some…

Just to add to the mix that the wording of s.6(1) is ‘…take the patient AND convey him…’ Given that Parliamentary draftsmen don’t generally waste words saying the same thing twice, I read the phrase as disjunctive, i.e. ‘take’ and ‘convey’ refer to two different activities. The ‘convey’ is clearly t…

Hi Simon. Good to hear from you. I think you make a very good point, and your interpretation of ‘take’ would be an AMHP’s defence if challenged. I can’t imagine, though, that those Parliamentry drafts people foresaw today’s world of bed unavailability and of ‘taking’ stretching into days or weeks. …

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Whether patient is in AMHP's custody after MHA application signed

Law and practice Mental Health Act