Acts Online
GT Shield

Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter VII : Mentally Ill Prisoners

57. 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.