CO129-551-5 Asylums Amendment Ordinance 1935 24-1-1935 - 29-5-1935 — Page 4

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Under the principal Ordinance any person under-

going a sentence of imprisonment could be removed to

an asylum if he were certified by the medical officer

of the prison to be of unsound mind. If, at the

expiration of his sentence, such prisoner were certified

by two medical practitioners to be still of unsound mind, then he could be detained in the asylum.

The amendments now introduced provide that this

power of removal to an asylum si.all apply not only

to prisoners undergoing sentence but also to remand prisoners, detention prisoners and persons admitted

to the house of detention as vagrants. This is

criticisa at "A" in the preceding minute, but I must confess that to my mind there can be no real objection to the removal of a detained person, who has gone off his head, away from prison surroundings, to an institu- tion where he can be more suitably accommodated and treated without having to wait for the formality of

coming up for trial and being certified unfit to

plead.

The second amendment may be more questionable. The power is taken to remove detained persons to an asylum if the medical officer of the place of detention is of the opinion that the person is likely to become

of unsound mind. This amendment is criticised by both Medical and Legal Advisers in the preceding minutes. As regards the medical criticism, I doubt whether it is sound to base it on the fact that "anyone may become insane" The opinion which the medical

fficer has to form in this case is not whether anyone may become insane, but whether a particular person can reasonably be said to be likely to become insane. It is to be noted that Clause 15 Sub-Section (4) of

the Ordinance requires that any person who has been

removed to an asylum under these powers has to be

certified