Health (Mental Services) Act, 1981

Decision of review board as to person in detention.

39.—(1) Where a review board carries out an examination under section 38 of a person who is in detention it shall, as it thinks proper—

(a) decide that the person should not be discharged, or

(b) direct the discharge of the person either unconditionally or subject to conditions in regard to his continuing care or supervision.

(2) Before directing the discharge of a person a review board shall satisfy itself that detention and treatment in the centre are no longer necessary in the interests of the person's health or safety or for the protection of other persons or property.

(3) Where the review board directs the discharge of the person the medical officer in charge of the centre shall discharge him forthwith, subject to any conditions specified by the review board.

(4) Where a review board, following examination, agrees that a person should not be discharged, an application for a further examination of that person shall not be accepted by the board within a period of 6 months from the date of the previous examination.

(5) Where a review board, following examination, decides that a person should not be discharged, the applicant may within one month of being informed of the decision of the board, appeal to the Minister against the decision.

(6) Where an appeal is made to the Minister under subsection (5) the Minister shall designate a medical officer of the Minister or an authorised medical practitioner to examine the person and to report to him. The Minister, having examined the report, shall, as he thinks proper, refuse the appeal or direct the discharge of the person conditionally or unconditionally and the medical officer in charge of the centre concerned shall discharge him in accordance with the direction of the Minister.

(7) A review board shall for the purposes of an examination under this section have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairman of the review board or by such other member of the board as may be authorised by the board for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(8) A review board may decide any question by any two of its members.