s. 51 51 Leave of absence for security patients S. 51 amended by (1) An application for leave of absence for a security Nos 42/1988 s. 14(5)(a)–(c), patient may be made to the Secretary to the 98/1995 Department of Justice by— s. 32(1)–(4), 45/1996 (a) the security patient; or s. 18(Sch. 2 item 10.14), (b) the authorised psychiatrist for the approved 46/1998 s. 7(Sch. 1), mental health service in which he or she is substituted by detained. No. 7/2002 s. 41. (2) The Secretary to the Department of Justice may grant an application for leave of absence— (a) for the period, not exceeding 6 months; and (b) subject to any conditions— that the Secretary to the Department of Justice considers appropriate. (3) The Secretary to the Department of Justice must not grant an application for leave of absence unless— (a) he or she is satisfied on the evidence available that the safety of the security patient or members of the public will not be seriously endangered as a result of the security patient being allowed leave of absence; and (b) the chief psychiatrist has been consulted; and (c) the Secretary has been consulted in the case S. 51(3)(c) amended by of an application for leave of absence for a No. 48/2006 security patient who, before his or her s. 42(Sch. item 27.6). transfer under section 16, was detained in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005; and (d) the Chief Commissioner of Police has been consulted in the case of an application for
S. 51 amended by Nos 42/1988 s. 14(5)(a)–(c), 98/1995 s. 32(1)–(4), 45/1996 s. 18(Sch. 2 item 10.14), 46/1998 s. 7(Sch. 1), substituted by No. 7/2002 s. 41. 51 Leave of absence for security patients s. 51 (1) An application for leave of absence for a security patient may be made to the Secretary to the Department of Justice by— (a) the security patient; or (b) the authorised psychiatrist for the approved mental health service in which he or she is detained. (2) The Secretary to the Department of Justice may grant an application for leave of absence— (a) for the period, not exceeding 6 months; and (b) subject to any conditions— that the Secretary to the Department of Justice considers appropriate. (3) The Secretary to the Department of Justice must not grant an application for leave of absence unless— (a) he or she is satisfied on the evidence available that the safety of the security patient or members of the public will not be seriously endangered as a result of the security patient being allowed leave of absence; and (b) the chief psychiatrist has been consulted; and S. 51(3)(c) amended by No. 48/2006 s. 42(Sch. item 27.6). (c) the Secretary has been consulted in the case of an application for leave of absence for a security patient who, before his or her transfer under section 16, was detained in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005; and (d) the Chief Commissioner of Police has been consulted in the case of an application for