XN000022-1987-06-11 — Page 4

THURSDAY, JUNE 11, 1987

(E)

(F)

ADMISSION OF OFFENDER PATIENTS INTO A MENTAL HOSPITAL.

THIS INCREASES THE OPTIONS AVAILABLE то A SENTENCING COURT OR MAGISTRATE TO ORDER AN OFFENDER TO BE DETAINED IN A MENTAL HOSPITAL AS IF HE WERE ADMITTED AS A NON-OFFENDER PATIENT AND HE WILL BE ELIGIBLE FOR DISCHARGE AT THE DISCRETION OF THE MEDICAL SUPERINTENDENT WITHOUT ADDITIONAL RESTRICTION.

CONTINUED DETENTION OF CRIMINAL PATIENTS IN CORRECTIONAL SERVICES DEPARTMENT PSYCHIATRIC CENTRE AFTER EXPIRY THEIR PRISON SENTENCES.

OF

THE

WHERE AN OFFENDER PATIENT HAS BEEN DETAINED IN THE CORRECTIONAL SERVICES DEPARTMENT PSYCHIATRIC CENTRE AND IT IS CONSIDERED THAT HE SHOULD NOT BE DISCHARGED END OF THE TERM OF THE PRISON SENTENCE OR PERIOD OF HOSPITAL ORDER, THE BILL PROVIDES THAT THE DIRECTOR MEDICAL AND HEALTH SERVICES MAY APPLY TO THE COURT FOR A HOSPITAL ORDER AUTHORISING FURTHER DETENTION.

SUCH APPLICATIONS MUST BE

THE

OF

SUPPORTED BY MEDICAL OPINION

AND JUSTIFIED BY THE NATURE AND DEGREE OF THE MENTAL DISORDER AND THE NEED TO PROTECT THE PUBLIC.

(G) THE SETTING UP OF A MENTAL HEALTH REVIEW TRIBUNAL то REPLACE THE EXISTING HOSPITAL ORDER APPEAL TRIBUNAL WHICH ONLY DEALS WITH PETITIONS SUBMITTED BY OFFENDER PATIENTS.

(H)

THE TRIBUNAL WILL BE CHAIRED BY A PERSON WITH SUITABLE LEGAL EXPERIENCE AND WILL CONSIST OF MEMBERS DRAWN FROM THE MEDICAL FIELD, SOCIAL WORK AND OTHER PROFESSIONS.

то

IT IS EMPOWERED TO REVIEW THE CASE OF A PATIENT LIABLE DETENTION, OR PERMITTED TO BE ABSENT FOR A TRIAL PERIOD, OR CONDITIONALLY DISCHARGED OR ADMITTED TO GUARDIANSHIP.

IN ADDITION, THE BILL STIPULATES THAT IF A PATIENT OR HIS RELATIVE DOES NOT EXERCISE THE RIGHT TO APPLY TO THE TRIBUNAL WITHIN 12 MONTHS AFTER THE RIGHT FIRST BECOMES AVAILABLE, THE MEDICAL SUPERINTENDENT OR THE COMMISSIONER OF CORRECTIONAL SERVICES, AS APPROPRIATE, MUST REFER THE PATIENT'S CASE TO THE TRIBUNAL FOR AN AUTOMATIC REVIEW,

DUTY TO GIVE INFORMATION TO DETAINED PATIENTS.

IT REQUIRES THE MEDICAL SUPERINTENDENT OF EVERY MENTAL HOSPITAL OR THE SUPERINTENDENT OF THE CORRECTIONAL SERVICES PSYCHIATRIC CENTRE TO TAKE SUCII STEPS AS ARE PRACTICABLE TO ENSURE THAT EVERY PATIENT IN A MENTAL HOSPITAL IS INFORMED OF THE PATIENT'S RIGHT UNDER THE ORDINANCE.

/(I) POWERS TO