Mental Treatment Act, 1961

Amendment of section 189 of Principal Act.

18.—(1) The following subsection is hereby substituted for subsection (1) of section 189 of the Principal Act:

“(1) (a) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order (including a person who would be so detained but for his being absent, removed or boarded out under section 203, 204, 208 or 209 of this Act) will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of subsection (1) of section 186 of this Act, he may be detained—

(i) in the case of an addict, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods each of which shall be less than six months and the aggregate of which shall not exceed six months, and

(ii) in any other case, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months.

(b) Where an order is endorsed under this subsection—

(i) the chief medical officer shall—

(I) give to the person to whom the order relates a notice stating particulars of endorsement and that such person or the applicant for the reception order may send to the Inspector of Mental Hospitals an objection to the extension of the period of detention, and

(II) give a like notice to the applicant for the order,

(ii) on receiving an objection sent consequent upon the notice under clause (I) or (II) of the foregoing sub-paragraph, the Inspector of Mental Hospitals shall require the chief medical officer to give him a full report on the person to whom the order relates,

(iii) on being required to give such report, the chief medical officer shall give it forthwith and, on consideration of the report, the Inspector of Mental Hospitals shall take such steps as he considers necessary for ascertaining whether or not the detention of the person to whom the order relates should be continued.”

(2) Where a person is, at the commencement of this section, detained by virtue of an order or series of orders under section 189 of the Principal Act, the order or series of orders shall, for the purposes of the Principal Act as amended by this Act, be regarded as an endorsement or series of endorsements made by virtue of subsection (1) of this section.