Jurisprudential aspects of the right to retake absconders from mental hospitals

Ben Andoh

Research output: Contribution to journalArticlepeer-review

Abstract

Statutory authority for retaking absconders from mental hospitals has existed ever since county asylums (the forerunners of mental hospitals) were first built in the nineteenth century. Today under the Mental Health Act, 1983 that ‘right’ can be exercised by the police, mental hospital staff, approved social workers, etc. This article looks at jurisprudential aspects of that ‘right’. It points out that ‘right’ actually means ‘power’ (not ‘privilege’, ‘claim’ or ‘immunity’). In addition it argues that the Mental Health Act, 1983 does only confer a power (rather than impose a duty) to retake absconders from mental hospitals and that there should not be statutory or other imposition of such a duty.
Original languageEnglish
Pages (from-to)225-230
Number of pages6
JournalMedicine, Science and the Law
Volume35
Issue number3
DOIs
Publication statusPublished - 1 Jul 1995

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