Mental Treatment Act, 1945

Retaking on escape.

229.—(1) A member of the Gárda Síochána may retake, not later than twenty-eight days after his escape, a person detained under a reception order who escapes, and may bring such person back to the place from which he escaped.

(2) A person detained as a temporary patient shall not be retaken or brought back under this section after the expiration of six months after the day on which the reception order relating to him was made or, where that period has been extended under section 189 of this Act, after the expiration of that period as so extended.

(3) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána under this section:—

(a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas,

(b) such expenses shall be repaid to the Minister for Justice by the responsible person and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction,

(c) any amount so repaid or recovered shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) In sub-section (3) of this section, the expression “the responsible person” means—

(a) where the mental institution from which the escaped person escaped is registered in a register kept by the Minister under this Act—the person whose name is entered in the register in respect of the institution, and

(b) where the mental institution from which the escaped person escaped is not so registered—the mental hospital authority or other person carrying on the institution.