Mental Treatment Act, 1945

Taking of evidence at inquiries on oath.

278.—(1) An inspector holding an inquiry under section 277 of this Act may take evidence on oath and for that purpose may administer oaths.

(2) An inspector holding an inquiry under section 277 of this Act may, by giving notice in that behalf to any person, require him to attend at a specified time and place to give evidence in relation to any matter in question at the inquiry or to produce any books, contracts, agreements, accounts, maps, plans, moneys, valuations, or other documents in his possession, custody, or control which relate to any such matter.

(3) It shall not be necessary for a person to attend in compliance with a notice under sub-section (2) of this section at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary travelling expenses of the attendance has been paid or tendered to him.

(4) Where an inquiry under section 277 of this Act is in relation to an institution maintained by a mental hospital authority, the authority shall pay or tender to any person whose attendance is required at the inquiry such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance.

(5) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution maintained by a mental hospital authority and the person to whom the notice is sent complies with the notice, such person shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the mental hospital authority, and such expenses save as aforesaid shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution not maintained by a mental hospital authority, the inspector shall pay or tender to the person to whom the notice is sent such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance of such person pursuant to the notice.

(7) Any sum paid under sub-section (6) of this section shall be regarded as part of the costs of the relevant inquiry for the purposes of sub-section (6) of section 277 of this Act

(8) Subject to the provisions of this section, every person to whom a notice has been given under sub-section (2) of this section who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.