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bruneilawsby aturio
In force2023 Revised Edition
Contents

Part · Admission and Detention in, and Discharge from, Psychiatric Facilities

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.

Report

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Part

Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Facilities

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Part

Persons Admitted or Confined in Psychiatric Facilities Under Criminal Procedure Code

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Part

Community Psychiatric Residence

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Part

Community Mental Health Centre

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Part

Visits, Examination and Review by Board of Visitors

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Part

Quality of Psychiatric Healthcare Facilities and Services

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Part

Proceedings in Inquiries Into Mental Disorder

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Part

General

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