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Article 120 Unlawful detention of patients

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any person who knowingly receives and detains otherwise than in accordance with this Order a person suffering from mental disorder shall be guilty of an offence.

(2)

Any person who exercises in relation to any patient any power of detention, or any other power conferred on him by or under this Order, after he has knowledge that the power has expired, shall be guilty of an offence.

(3)

Any person guilty of an offence under this Article shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.