§ 15. Mr. Grimondasked the Secretary of State for Scotland if he is satisfied with the operation of the law relating to mental patients who escape from supervision; and if he will make a statement.
§ Mr. Brooman-WhiteYes. The Act of 1960 embodies provisions on this matter which have operated satisfactorily for many years and I see no reason for change. The following is a statement giving a fuller explanation of the law in this type of case
If a mentally-ill patient who is subject to detention leaves hospital without permission, he may be retaken within 28 days. After that period he ceases to be regarded in law as requiring detention, and cannot be detained again except as a result of a fresh medical examination. If he has lived in the community for upwards of a month without trouble, it seems right to ensure by examination that he still needs to be compulsorily detained.This relates to the ordinary case. If, however, anyone coming before a criminal court on a charge or serving a sentence of imprisonment has been committed or transferred to hospital because of his mental condition, and there are special restrictions on his discharge, the law provides that if he escapes he may be retaken at any time. There is no limit of 28 days and a fresh medical examination is not required.