71Custody

71 Custody

(1)  This section applies to, and in relation to –

(a) a forensic patient who is admitted to an SMHU and has not been discharged or transferred to an approved hospital under section 64(5) ; and

(b) a forensic patient –

(i) who is admitted to an SMHU and who is subsequently transferred under this Act to a place of transfer (other than under section 64(5) ); and

(ii) who has not been discharged from the SMHU or transferred to an approved hospital under section 64(5) .

(2)  A forensic patient to whom this section applies is taken to be in the custody of the controlling authority of the SMHU throughout the period of his or her detention in the SMHU or place of transfer unless –

(a) a court orders otherwise; or

(b) a provision of this Part expressly provides otherwise.

(3)  Subsection (2) continues, despite section 74 , to have effect during any period that the patient is away from the SMHU on a leave of absence or for any other purpose authorised by or under this Part.

(4)  In this section –

place of transfer means –

(a) a secure institution; or

(b) an approved hospital; or

(c) a health service within the meaning of the Health Complaints Act 1995 or premises where such a health service is provided; or

(d) any other place to which a patient is transferred under this Act.