Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VI : State Patients44. State patients who abscond |
| (1) | If a State patient has absconded or is deemed by the head of the relevant designated health establishment to have absconded, the head of that health establishment must, in writing – |
| (a) | immediately notify and request the South African Police Service to locate, apprehend and return the patient to the relevant health establish; and |
| (b) | notify the Registrar or Clerk of the court concerned and the official curator ad litem, within 14 days of having notified the South African Police Service. |
| (2) | The South African Police Service must comply with the request. |
| (3) | If a State patient is considered dangerous, the head of the health establishment must notify the South African Police Service. |
| (4) | A State patient who is apprehended must be held in custody for such period as prescribed to effect the return. |
| (5) | A member of the South African Police Service may use such constraining measures as may be necessary and proportionate in the circumstances when apprehending any person or performing any function in terms of this section. |