Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners57. Mentally ill prisoners who abscond from health establishments |
| (1) | If a mentally ill prisoner has absconded or is deemed to have absconded, the head of the relevant health establishment must, in writing – |
| (a) | immediately notify and request members of the South African Police Service to locate, apprehend and return the mentally ill prisoner to the health establishment in question; and |
| (b) | notify the relevant magistrate and the head of the prison within 14 days of having notified the South African Police Service. |
| (2) | The South African Police Service must comply with the request. |
| (3) | If the mentally ill prisoner is considered dangerous, the head of the health establishment must notify the South African Police Service. |
| (4) | A mentally ill prisoner apprehended must be held in custody for such period as prescribed to effect a 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 a person or performing any function in terms of this section. |