Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 4 : Transfer and Discharge29. Return of an absconded person who has been apprehended and is being held in custody by the South African Police Service |
[Regulation 29 heading substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (1) | If a mental health care user has absconded or is deemed to have absconded, the head of the health establishment concerned may in terms of section 40(4) of the Act and in the form of Form MHCA 25 of the Annexure notify and request assistance from the South African Police Service to locate, apprehend and return the user to the health establishment concerned. |
| (2) | If a mental health care user referred to in subregulation (1) is apprehended by the South African Police Service in terms of section 40(4) of the Act in the vicinity of such health establishment, the South African Police Service must return such user immediately to such establishment and hand over to the Head of such health establishment or any other person so designated by that Head to receive such user, provided that Form MHCA 26 of the Annexure must be completed at the time the user is handed over. |
| (3) | If a mental health care user who has absconded from a health establishment is apprehended by the South African Police Service in terms of sections 40(4), 44(1) or 57(1) of the Act and that apprehension does not take place in the vicinity of that health establishment, the South African Police Service shall – |
| (a) | notify the head of the health establishment that such user has been apprehended and is in the custody of the South African Police Service; and |
| (b) | provide the information with regard to the physical and mental condition of that user that the notifying member is able to provide. |
| (4) | The head of the health establishment contemplated in subregulation (1) must, if circumstances so require, take steps to ensure that a mental health care practitioner from a health establishment nearest to the police station where the mental health care user is held in custody or another suitable mental health care practitioner, examines that mental health care user and provides the treatment that may be required at the police station or the nearest local health establishment. |
[Regulation 29(4) substituted by regulation 14 of Notice No. R. 1590, GG 40515, dated 23 December 2016]
| (5) | After an examination contemplated in subregulation (4), it is the responsibility of the member in command of the South African Police Service station where the mental health care user is being detained, to consult with the head of the health establishment concerned and to make arrangements for the return of such mental health care user, taking into account the physical and mental condition of the such user: Provided that if that user is – |
| (a) | too dangerous to be transferred in a vehicle staffed only by health personnel; or |
| (b) | likely to abscond during the transfer, unless guarded, |
that user must be conveyed by the South African Police Service or a member of the South African Police Service must accompany that user while being conveyed.
| (6) | A mental health care user may be held in custody at a police station for a period of not more than 24 hours to affect the return of that user. |
