Mental Treatment Act, 1945

Absence on trial.

203.—(1) A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may permit a person detained in such hospital or any other institution maintained by them to be absent from such hospital or other institution upon trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(2) The Inspector of Mental Hospitals may permit a person detained in a mental institution, not being an institution maintained by a mental hospital authority, to be absent from such institution on trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(3) Where a person absent on trial under this section does not return on the expiration of the period or the extended period during which he is permitted to be absent and a certificate of a registered medical practitioner certifying that his detention is no longer necessary is not furnished to the person in charge of the relevant mental institution, he may at any time within twenty-eight days after the expiration of such period or extended period be retaken in like manner as if he had escaped from such institution.

(4) In the case of a person detained as a chargeable patient who is absent on trial under this section from a district mental hospital or other institution maintained by a mental hospital authority, the authority may direct the payment in respect of such person during the period of his absence on trial of an allowance not exceeding the average cost of maintenance during that period of a chargeable patient in such hospital or other institution, and the allowance shall be charged for such person and be payable as if he were in such hospital or other institution, but shall be paid to him or for his benefit as the authority may direct.