Mental Health Act · s 12

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12.
Examination of suspected mentally disordered person by designated medical practitioner in psychiatric facility
(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;

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(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.

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s 12Examination of suspected mentally disordered person by designated medical practitioner in psychiatric facility

(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;

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(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.