Health (Mental Services) Act, 1981
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Review of conditional discharge. |
40.—(1) Where a review board carries out an examination under section 38 of a person who has been discharged conditionally, it shall, as it thinks proper— | |
(a) confirm the conditions applying to him, | ||
(b) vary or cancel the conditions, or | ||
(c) cancel the direction for his discharge and make an order in the prescribed form directing that he be received and detained for treatment in a psychiatric centre (not being a special psychiatric centre) in accordance with the provisions of this section. | ||
(2) A direction under subsection (1) (c) shall have effect as if it were a reception order. | ||
(3) (a) For the purpose of bringing and escorting the person to whom the reception order relates to the appropriate psychiatric centre the order shall be deemed to be a recommendation for his reception at the centre. | ||
(b) Sections 21 and 22 shall apply accordingly subject to the modification that a certificate under section 21 (relating to an escort) may be given by the review board. | ||
(4) Where a review board, following examination, confirms the conditions relating to a person, 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, orders the detention of a person that person or the applicant for the examination may, within one month of being informed of the decision of the board, appeal to the Minister against the order. | ||
(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 on the continued detention of the person. 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. |