Section 11
Suspected mentally disordered person neglected or ill-treated
(1)
If it appears to a court, on the report of a police officer or on the information of any other person, that a person who is suspected of being a mentally disordered person —
(a)
is not under proper care and control; or
(b)
is neglected or being ill-treated by any relative or by any person having charge of him, the court may send for the person who is suspected of being a mentally disordered person and summon the relative or the person having, or who ought to have, charge of him.
(2)
Where the court is satisfied that the person summoned under subsection (1) has charge of the suspected mentally disordered person, it may make an order —
(a)
requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned; or
Mental Health 18
(b)
for the mentally disordered person to be sent to a designated medical practitioner in a psychiatric facility for examination.
(3)
It is the duty of every police officer not below the rank of
Inspector or police officer in charge of a police station to immediately report to the court every case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge.
(4)
If an order is made by the court under subsection (2) —
(a)
any designated medical practitioner in a psychiatric facility, any police officer not below the rank of Inspector or police officer in charge of a police station, or any medical social officer shall, at such reasonable time as the court may fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and
(b)
the person who was ordered by the court to properly care for and treat the suspected mentally disordered person shall produce him for such purpose to the designated medical practitioner, police officer or medical social officer.
(5)
Any person who fails to comply with an order under subsection (2)
or who refuses to produce the suspected mentally disordered person under subsection (4)(b) is guilty of an offence and liable on conviction —
(a)
in the case of an offence under subsection (2), to a fine not exceeding $20,000, imprisonment for a term not exceeding 10 years or both; and
(b)
in the case of an offence under subsection (4)(b), to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Examination of suspected mentally disordered person by designated medical practitioner in psychiatric facility 12.
(1)
Where a person is brought or sent before a designated medical practitioner of a psychiatric facility under section 9(2), 10, 11(2)(b), 32(3)
or 62(1), the designated medical practitioner shall examine him and —
(a)
if he is satisfied that he is not suffering from a mental disorder, he shall discharge him;
Mental Health
B.L.R.O. 4/2023 19
(b)
if he is satisfied that he is suffering from a mental disorder but is not in need of care or treatment in a psychiatric facility, he shall discharge him; or
(c)
if he is satisfied that he is suffering from a mental disorder and in need of care or treatment, he shall make an order to send the person to be admitted into and detained in a psychiatric facility.
(2)
No order shall be made under subsection (1)(c) by a medical practitioner who is a relative of, or stands in a fiduciary relationship to, the person to be admitted or of the person making the request for his admission, into the psychiatric facility.
(3)
Where an order has been made under subsection (1)(c) —
(a)
the person to whom it relates shall be admitted to the psychiatric facility; and
(b)
a designated medical practitioner of the psychiatric facility shall, not more than 72 hours after his admission, conduct such examination on him as he may consider necessary to determine whether or not his continued detention is justified.
(4)
Where upon an examination under subsection (3)(b) the designated medical practitioner —
(a)
is not satisfied that his continued detention is justified, he shall discharge him; or
(b)
is satisfied that his continued detention is justified, he shall make an order for his detention for a further period not exceeding one month.