Requirement
evidence.
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(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 a an offence punishable on summary conviction by imprisonment and the magistrate is satisfied that such person did the act or made the omission; and
(6) the court or magistrate is satisfied on the written or oral evidence of two registered medical practitioners received in accordance with the provisions of section 46 that-
(i) such person is a mentally disordered person; and (i) the nature or degree of the mental disorder from which the person is suffering warrants his detenion in 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 suitabl 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 such mental hospital as is 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.
(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 that mental hospital within twenty- eight days after the date of the hospital order, in the event of the hospital order being made by the court or magistrate.
(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 magistrate has power to make apart from this section and for the purpose of this subsection "sentence of imprisot ment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre.
46. (1) of the registered medical practitioners whose evidence is as to medical received in accordance with the provision of paragraph (5) of subsection (1) of section 45 or of subsection (3) of section 54 at least one shall be a medical officer.
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(2) For the purpose of paragraph (b) of subsection (1) of section 45 or of subsection (3) of section 54 a report in writing purporting to be signed by a registered medical practitioner may, subject to the signature or qualifications of the registered medical practitioner but provisions of this section, be received in evidence without proof of the
the court or magistrate may require that the registered medical practi- tioner, by whom the report was signed, be called to give oral evidence.
(3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with the provisions of paragraph (b) of subsection (1) of section 45 or of subsection (3) of section 54 otherwise than by or on behalf of the accused-
(a) if the accused is represented by counsel or solickor, a copy
of the report shall be given to his counsel or solicitor,
(b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and
(c) in any case, the accused, or in Me case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused.
47. (1) A hospital order shall be sufficient authority for-
(a) the Commissioner of Prisons or any other person directed to do so by the court or magistrate to convey the person named in the order to the mental hospital specified in the order within a period of twenty-eight days from the date of the order; and (b) the medical superintendent to admit him to the mental hospital and to detain him therein in accordance with the provisions of this Ordinance.
(2) A person who is admitted to a mental hospital in pursuance of a hospital order shall be treated, for the purposes of Part III of this Ordinance, as if he had been admitted to the mental hospital in accordance with the provisions of section 36 except that within such period as may be specified in the hospital order during which the person shall be detained in the mental hospital or, if no such period is specified in the hospital order, while the hospital order is in force-
(a) the power to order the discharge of the patient under section
40 or section 42 shall not be exercisable; and
(6) the power to grant permission for absence on trial under section 39 or to discharge under section 41 shall be exercisable only with the prior consent of the Governor.
Effect of hospital order
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