CO129-504-15 Various ordinances 4-4-1927 - 29-11-1927 — Page 40

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A.

Section 3 of this Ordinance repeals section 7 of the prin-

cipal Ordinance and substitutes a new section therefor. The

section in question deals with the procedure for removal of a

person to an asylum for temporary detention and observation.

The principal features of the new section 7 are that it ?

quires both the application, and the order of the magistrate

or justice of the peace, to be in a statutory form, and that

it lays down that, except in case of necessity, no order shall

be made until an attempt has been made to communicate with

some relative of the patient. The insistence on the use of

definite statutory forms will undoubtedly tend to greater

strictness and particularity. A draft of the proposed forms

is attached. The opportunity was taken to make it clear that

the seven days detention for the purpose of observation shall

date from and including the date of the order.

5.

Section 4 of this Ordinance also deals with the same point

of the exact duration of the period of detention for observa-

tion, and it amends section 8 of the principal Ordinance on

this point.

6.

Section 5 of this Ordinance makes two technical amendments

in section 9 of the principal Ordinance. These amendments

are necessary because the forms will in future be prescribed

by Order in Council.

Section 6 repeals section 10 of the principal Ordinance

and substitutes a new section which allows two extensions of

7 days each in addition to the initial period of 7 days 18-

tention for observation. The Government has been advised

that a period of 14 days may not be enough in some cases, but

that the whole period of detention for observation should not

exceed 21 days in all.

8.

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