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Duration of reception orders.
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38.—(1) Every reception order . shall expire at the end of one year from its date . unless . continued as herein-after provided.
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(2) In the case of any institution for lunatics the Commissioners may by order under their seal direct that the reception orders of patients detained therein shall, unless continued as herein-after provided, expire on any quarterly day next after the days on which the orders would expire under the last preceding sub-section.
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(3) An order for the removal of a patient from one custody to another shall not be deemed to be a reception order within this section, but the patient who is removed shall after removal be deemed to be detained under the original reception order as a lunatic, and such order shall expire in accordance with the provisions of this section unless continued as herein-after provided.
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(4) [1
A reception order shall remain in force for a year after the date by this Act or by an order of the Commissioners appointed for it to expire, and thereafter for two years and thereafter for three years, and after the end of such periods of one, two, and three years for successive periods of five years, if not more than one month nor less than seven days before the expiration of the period at the end of which, as fixed by this Act or by an order of the Commissioners under sub-section two, the order would expire, and of each subsequent period of one, two, three, and five years respectively a special report of the medical officer of the institution or of the medical attendant of the single patient as to the mental and bodily condition of the patient with a certificate under his hand certifying that the patient is still of unsound mind and a proper person to be detained under care and treatment is sent to the Commissioners.]
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(5) The person sending the special report shall give to the Commissioners such further information concerning the patient to whom the special report relates as they require.
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(6) If in the opinion of the Commissioners the special report does not justify the accompanying certificate, then—
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(a) In the case of a patient in a hospital or licensed house or under care as a single patient the Commissioners shall make further inquiry, and, if dissatisfied with the result they or any two of them may by order direct his discharge:
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(b) In the case of a patient in an asylum, the Commissioners shall send a copy of the report, with any other information in their possession relating to the case, to the clerk to the visiting committee of the asylum, and the committee, or any three of them, shall thereupon investigate the case and may discharge the patient or give such directions respecting him as they may think proper.
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(7) The manager of any institution for lunatics, and any person having charge of a single patient, who detains a patient after he has knowledge that the order for his reception has expired, shall be guilty of a misdemeanor.
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(8) The special reports and certificates under this section may include and refer to more than one patient.
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(9) A certificate under the hand of the secretary to the Commissioners that an order for reception has been continued to the date therein mentioned shall be sufficient evidence of the fact.
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(10) This section shall not apply to lunatics so found by inquisition.
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[1 Substituted by 54 & 55 Vict. c. 65, s. 7.] |
