Prisons Act · 2015 Revised Edition · Part IV · Custody and Removal of Prisoners
34. Prisoners of unsound mind
Official textFrom Attorney General's Chambers, unchanged
Whenever a prisoner undergoing a sentence of imprisonment or sentenced to death appears to a Medical Officer to be mentally disordered or defective, he may, by order under his hand and seal in the form in the
prisoner
“prisoner” means any person, whether convicted or not, under confinement in any prison;
Schedule, direct that such prisoner be removed to any psychiatric facility or other fit place of safe custody in Brunei Darussalam and be there detained, and the order shall be an authority for the reception of the prisoner and for his detention therein until removed or discharged as provided under this section.
psychiatric facility
“psychiatric facility” includes any Government psychiatric facility for the reception of persons ordered to be detained therein under the Mental Health Order, 2014;
Where a prisoner is detained in a psychiatric facility under the provisions of this Act and is in the opinion of the Medical Officer in charge for such psychiatric facility is no longer mentally disordered, such Medical
Medical Officer
“Medical Officer” means the Medical Officer or Dental Officer appointed under section 14;
Officer may report accordingly to the Director who shall, by order under his hand and seal, direct the return of such prisoner to the prison whence he was removed to be dealt with according to law.
Director
“Director” means the Director of Prisons appointed under section 10 and includes the Assistant Director of Prisons;
[GN 68/1985; S 25/2014]
Upon the expiration of the term of imprisonment to which he has been sentenced, the provisions of section 324 of the Criminal Procedure
Code (Chapter 7) shall apply to any prisoner detained under this section as if he were detained in accordance with a certificate given under section 247 or 321 of the Criminal Procedure Code (Chapter 7).
The time occupied in effecting any removal under this section and the period during which the prisoner is detained in a psychiatric facility shall be reckoned as part of the term of imprisonment imposed on such prisoner.
Terms defined in s 2
Director
Defined · s 2“Director” means the Director of Prisons appointed under section 10 and includes the Assistant Director of Prisons;
Medical Officer
Defined · s 2“Medical Officer” means the Medical Officer or Dental Officer appointed under section 14;
prison
Defined · s 2“prison” means any house, building, enclosure, or place or any part thereof, declared to be a prison under section 3;
prisoner
Defined · s 2“prisoner” means any person, whether convicted or not, under confinement in any prison;
psychiatric facility
Defined · s 2“psychiatric facility” includes any Government psychiatric facility for the reception of persons ordered to be detained therein under the Mental Health Order, 2014;
sentence of imprisonment
Defined · s 2“sentence of imprisonment” means any sentence involving confinement in a prison, whether combined or not with labour, and includes a sentence awarded by way of commutation as well as an original sentence passed by a court;
Part V
Employment and Prison Discipline
Part VI
Discipline as Affecting Prison Officers
Part VII