Mental Health Act · s 44

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44.
Power to send person alleged to be mentally disordered person to psychiatric facility for observation
(1) The Court may in lieu of or in addition to its powers under section 43, and on such evidence as it thinks sufficient, make an order that the person alleged to be a mentally disordered person be admitted into a psychiatric facility for observation for a period not exceeding one month;
and the Court may on subsequent application by the officer in charge or any officer authorised by him order an extension for a further period of observation not exceeding one month.

Mental Health
(2) The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not a mentally disordered person, he shall —
(a) be discharged by the officer in charge into the care of the applicant making the application under section 41(3); and
(b) appear before the Court at the time and place appointed by the
Court.
(3) Upon admission of the person to the psychiatric facility under subsection (1), the officer in charge or any officer authorised by him shall keep that person under observation and shall, before the expiry of the period mentioned in the order, certify in writing to the Court his opinion as to the state of mind of that person.
(4) In making a certification under subsection (3), the officer in charge or any officer authorised by him shall consider the matters set out in section 43(2).
(5) Nothwithstanding any provision of any written law to the contrary a certificate purporting to be signed by the officer in charge or any officer authorised by him shall be admitted in evidence, in any proceedings for an offence against this Act, on its production by the prosecution without proof of signature and, until the contrary is proved such certificates shall be prima facie evidence of all matters contained therein.

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s 44Power to send person alleged to be mentally disordered person to psychiatric facility for observation

(1)

The Court may in lieu of or in addition to its powers under section 43, and on such evidence as it thinks sufficient, make an order that the person alleged to be a mentally disordered person be admitted into a psychiatric facility for observation for a period not exceeding one month;

and the Court may on subsequent application by the officer in charge or any officer authorised by him order an extension for a further period of observation not exceeding one month.

Mental Health

(2)

The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not a mentally disordered person, he shall —

(a)

be discharged by the officer in charge into the care of the applicant making the application under section 41(3); and

(b)

appear before the Court at the time and place appointed by the

Court.

(3)

Upon admission of the person to the psychiatric facility under subsection (1), the officer in charge or any officer authorised by him shall keep that person under observation and shall, before the expiry of the period mentioned in the order, certify in writing to the Court his opinion as to the state of mind of that person.

(4)

In making a certification under subsection (3), the officer in charge or any officer authorised by him shall consider the matters set out in section 43(2).

(5)

Nothwithstanding any provision of any written law to the contrary a certificate purporting to be signed by the officer in charge or any officer authorised by him shall be admitted in evidence, in any proceedings for an offence against this Act, on its production by the prosecution without proof of signature and, until the contrary is proved such certificates shall be prima facie evidence of all matters contained therein.