What follows is the full, amended text of section 138 Mental Health Act 1983, as it will be following a commencement order that brings it in to effect. For the ‘new’ section 135 and section 136 MHA, including sections 136A, 1336B and 136C, see those related posts.
NB! – this is NOT the current law as of 03rd March 2017 – this is the law as it will become, following a commencement order yet to be laid before Parliament.
Section 138 – retaking of patients escaping from custody
(1) If any person who is in legal custody by virtue of section 137 above escapes, he may, subject to the provisions of this section, be retaken—
(a) in any case, by the person who had his custody immediately before the escape, or by any constable or approved mental health professional;
(b) if at the time of the escape he was liable to be detained in a hospital within the meaning of Part II of this Act, or subject to guardianship under this Act, [F2or a community patient who was recalled to hospital under section 17E above,] by any other person...
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