CAP. 136]
[s. 9 cont.]
Procedure
where person detained found to be of unsound mind before expiration of period of detention for observation.
Medical certificate
counter-signed by magistrate
to be a valid order for
detention in a mental hospital.
Extension of period of detention for observation.
Mental Hospitals.
(2) No such person shall be detained for a period of more than seventy-two hours after he has given notice in writing of his intention to leave the mental hospital except under and in accordance with a certificate under section 11 or an order under section 10.
10. If, before the expiration of the said seven days, two medical practitioners shall be of opinion that the person detained under observation is in fact a person of unsound mind, they shall each sign a certificate in the prescribed form and forward it to a magistrate who shall countersign it if it shall appear to him that such person is of unsound mind.
Every such certificate when so countersigned shall constitute a valid order of such magistrate for the detention in a mental hospital of the person named therein as being of unsound mind. Thereupon he may be detained in any mental hospital until released by order of the Governor or until discharged upon the authority of the medical practitioner in charge of such mental hospital, or until he is otherwise released in due course of law:
Provided that the certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it refers.
11. If while a person is lawfully under detention in a mental hospital for the purpose of observation, two medical practitioners certify in the prescribed form that it is necessary to detain such person in the mental hospital for a further period for the purpose of observation, and if such certificate is countersigned by a magistrate or justice of the peace, it shall be lawful to detain such person in the mental hospital for the purpose of observation for the further period specified in such certificate:
Provided that no such extension shall be for a longer period than seven days and that not more than two such extensions shall be lawful; Provided also that if before the end of any such extension two medical practitioners shall be of opinion that the person in question is of unsound mind, the procedure laid down
52
CAP. 136]
[s. 9 cont.]
Procedure
where person detained found to be of unsound mind before expiration of period of detention for observation.
Medical certificate
counter- signed by magistrate
to be a valid order for
detention in a mental hosiptal.
Extension of period of detention for observation.
Mental Hospitals.
(2) No such person shall be detained for a period of more than seventy-two hours after he has given notice in writing of his intention to leave the mental hospital except under and in accordance with a certificate under section 11 or an order under section 10.
10. If, before the expiration of the said seven days, two medical practitioners shall be of opinion that the person detained under observation is in fact a person of unsound mind, they shall each sign a certificate in the prescribed form and forward it to a magistrate who shall countersign it if it shall appear to him that such person is of unsound mind.
Every such certificate when so countersigned shall constitute a valid order of such magistrate for the detention in a mental hospital of the person named therein as being of Thereupon he may be detained in any unsound mind. mental hospital until released by order of the Governor or until discharged upon the authority of the medical practitioner in charge of such mental hospital, or until he is Provided that the otherwise released in due course of law:
certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it [9] refers.
11. If while a person is lawfully under detention in a mental hospital for the purpose of observation, two medical practitioners certify in the prescribed form that it is necessary to detain such person in the mental hospital for a further period for the purpose of observation, and if such certificate is countersigned by a magistrate or justice of the peace, it shall be lawful to detain such person in the mental hospital for the purpose of observation for the further period Provided that no such exten- specified in such certificate: sion shall be for a longer period than seven days and that not more than two such extensions shall be lawful:; Provided also that if before the end of any such extension two medical practitioners shall be of opinion that the person in question is of unsound mind, the procedure laid down
52
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