XN000022-1987-07-01 — Page 6

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WEDNESDAY, JULY 1, 1987

CLAUSE 20 OF THE BILL ENABLED THE GOVERNOR TO ORDER THE TRANSFER OF A PATIENT DETAINED UNDER A HOSPITAL ORDER FROM A PSYCHIATRIC CENTRE TO A MENTAL HOSPITAL, UNDER THE CIRCUMSTANCES IN WHICH IT WOULD BE MORE BENEFICIAL FOR A PATIENT ΤΟ BE HELD IN A MENTAL HOSPITAL RATHER THAN IN A PRISON ENVIRONMENT, MR CHAMBERS SAID.

CLAUSE 22 OF THE BILL PROVIDED FOR A NEW PART IV A OF THE ORDINANCE WHICH ESTABLISHED A IENTAL HEALTH REVIEW TRIBUNAL TO REPLACE THE EXISTING HOSPITAL ORDER APPEAL TRIBUNAL, WHICH ONLY DEALT WITH PETITIONS SUBMITTED BY OFFENDER PATIENTS.

TO

HE SAID THE NEW TRIBUNAL WOULD BE CHAIRED BY A PERSON WITH SUITABLE LEGAL EXPERIENCE AND WOULD CONSIST OF MEMBERS DRAWN FROM THE MEDICAL, SOCIAL WORK AND OTHER PROFESSIONS. IT WOULD BE EMPOWERED REVIEW THE CASES OF PATIENTS LIABLE TO DETENTION, PERMITTED TO ABSENT FOR A TRIAL PERIOD, CONDITIONALLY DISCHARGED, OR ADMITTED GUARDIANSHIP.

BE

TO

PATIENT OR HIS HIS

IN ADDITION, THE BILL STIPULATED THAT IF A RELATIVE DID NOT EXERCISE THE RIGHT TO APPEAL TO THE TRIBUNAL FOR CASE TO BE REVIEWED WITHIN 12 MONTHS AFTER THE RIGHT FIRST BECAME AVAILABLE, THE MEDICAL SUPERINTENDENT, OR THE COMMISSIONER OF CORRECTIONAL SERVICES AS APPROPRIATE, MUST REFER THE PATIENT'S CASE TO THE TRIBUNAL FOR AUTOMATIC REVIEW,

MR CHAMBERS SAID CLAUSE 26 INTRODUCED A NEW PROVISION WHICH REQUIRED THE MEDICAL SUPERINTENDENT OF EVERY MENTAL HOSPITAL OR THE SUPERINTENDENT OF THE CORRECTIONAL SERVICES DEPARTMENT'S PSYCHIATRIC CENTRE TO TAKE SUCH STEPS AS WERE PRACTICABLE TO ENSURE THAT EVERY PATIENT BEING DETAINED, AND ALSO ONE OF HIS RELATIVES, WAS INFORMED OF THE PATIENT'S RIGHTS UNDER THE ORDINANCE.

ANY

CLAUSE 28 PROVIDED THAT A MAGISTRATE NIGHT GRANT A WARRANT AUTHORISING A POLICE OFFICER OF OTHER AUTHORISED PERSONS TO ENTER PRIVATE PREMISES IN THE PRESENCE F AN APPROVED SOCIAL WORKER OR COMMUNITY PSYCHIATRIC NURSE, IF THERE WAS REASON TO BELIEVE THAT A PERSON LIABLE TO BE TAKEN OR RETAKEN UNDER THE ORDINANCE OR A PERSON SUSPECTED TO BE SUFFERING FROM MENTAL DISORDER WAS TO BE FOUND HE SAID.

THERE.

CLAUSE 28 ALSO EMPOWERED A POLICE OFFICER TO TAKE INTO CUSTODY A SUSPECTED MENTALLY DISORDERED PERSON, AND TO REMOVE HIM FORTHWITH TO THE ACCIDENT AND EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL WHERE HE MIGHT BE DETAINED FOR UP TO 24 HOURS FOR THE PURPOSE OF ENABLING HIM ΤΟ BE EXAMINED BY A DOCTOR AND OF MAKING THE NECESSARY ARRANGEMENTS FOR HIS TREATMENT AND CARE.

FOR THIS POWER TO BE EXERCISED, THE SUSPECTED MENTALLY DISORDERED PERSON MUST APPEAR TO THE POLICE OFFICER TO BE IN IMMEDIATE NEED OF CARE AND CONTROL AND THE POLICE OFFICER MUST CONSIDER THAT IT WAS NECESSARY TO TAKE ACTION IN THE INTERESTS OF THAT PERSON OR FOR THE PROTECTION OF OTHER PERSONS, MR CHAMBERS SAID.

/MR CHAMBERS