28
CAP. 136]
Mental Health
[1989 Ed.
(ii) convicted by a magistrate of an offence punishable on summary conviction by imprisonment; or
(iii) charged before a magistrate with an act or omission as an offence punishable on summary conviction by imprisonment and the magistrate is satisfied that such person did the act or made the omission; and
(b) the court or magistrate is satisfied on the written or oral evidence of 2 registered medical practitioners received in accordance with section 46 that-
(i) such person is a mentally disordered person; and
(ii) the nature or degree of the mental disorder from which the person is suffering warrants his detention in the Correctional Services Department Psychiatric Centre or a mental hospital for treatment; and
(c) the court or magistrate is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of such person, and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this section,
the court or magistrate may by a hospital order authorize the admission of the person to and his detention in the Correctional Services Department Psychiatric Centre or a mental hospital specified in the order or, if the person is under 14 years of age, in a mental hospital specified in the order, and may specify in the order the period during which such person should be so detained which shall not be greater than the sentence which the court or magistrate could have imposed in respect of the offence with which such person was charged. (Amended 37 of 1973 s. 3)
(1A) Where under subsection (1) the court or magistrate by a hospital order authorizes the admission of a person to, and detention in, a mental hospital, and is of the opinion that in all the circumstances of the case the proviso to section 47(2) should not apply, the judge or magistrate may include a statement to that effect in the hospital order and, if he does so, that proviso shall not apply. (Added 46 of 1988 s. 15)
(2) A hospital order shall not be made under this section unless the court or magistrate is satisfied that arrangements have been made for the admission of the person to the Correctional Services Department Psychiatric Centre or that mental hospital within 28 days after the date of the hospital order, in the event of the hospital order being made by the court or magistrate. (Amended 37 of 1973 s. 3)
(3) Where a hospital order has been made, the court or magistrate shall not impose a sentence of imprisonment or a fine or make a probation order in respect of the offence but may make any other order which the court or