Policing.uk

Retaking Patients Absent Without Leave

Mental Health Act 1983, s.18

  • Warrant: No
  • Force: Yes
  • Notice: No

Section 18 authorises the retaking of patients who are absent without leave from hospital or from any place where they are required to reside under the conditions of their detention or community treatment order. Any constable, approved mental health professional, or member of hospital staff may take the patient into custody and return them. This power includes entry to premises where the patient is believed to be.

Conditions

  • The patient must be liable to be detained under the Mental Health Act or subject to a community treatment order
  • The patient must be absent without leave from the hospital or required place of residence
  • The person exercising the power must be a constable, AMHP, or authorised member of hospital staff

Limitations

  • Entry to private premises to retake a patient may require a s.135(2) warrant from a magistrate if consent is not given
  • The power does not apply to patients who have been informally admitted (voluntary patients)
  • Reasonable force may be used but must be proportionate and a last resort

Last updated 24 September 2026