MENTAL HEALTH ACT - 1972 (NRCD 30)

    Section - 9 - Court Order for Prolonged Treatment.

    (1) Where a person is under care, observation and treatment in a psychiatric hospital pursuant to an order for temporary treatment made under section 8, and the chief administrator of the hospital is of the opinion that, by reason of the severity or nature of the mental illness it is necessary for the welfare of such person or for the public safety that he should forthwith be placed under prolonged treatment in a psychiatric hospital, the provisions of this section shall apply.

    (2) In the circumstances referred to in subsection (1), the administrator shall, before the expiration of the order for temporary treatment made under section 8, give to a magistrate information on oath, supported by a medical recommendation, to the effect that it is necessary for the welfare of the person suffering from mental illness, or for the public safety, that such person should be forthwith placed under prolonged treatment in a psychiatric hospital.

    (3) The medical recommendation referred to in subsection (2) shall be from a practitioner experienced in psychiatry, and shall-

    (a) specify in full detail the reasons why he considers that person to be a proper subject for prolonged treatment;

    (b) specify the nature and severity of the mental illness diagnosed, the likelihood of complete or partial cure, and the period which in his opinion may reasonably be required to effect a complete or partial cure;

    (c) specify in full detail the facts upon which he founds his opinion, distinguishing facts which he had himself observed from facts communicated by others;

    (d) state the results of enquiries into the previous case history of that person and the results of the temporary observation and treatment of that person.

    (4) The information given under subsection (2) shall also be accompanied by a copy of the order for temporary treatment made under section 8.

    (5) Where information is laid in accordance with this section the magistrate shall in any place which he deems convenient (preferably the place of temporary treatment) examine the person believed to be suffering from mental illness, and in the same place or elsewhere shall hold an enquiry as to the state of mind of that person.

    (6) For the purposes of an enquiry under subsection (5) the magistrate shall have the same power of summoning witnesses and administering oaths as in a summary trial.

    (7) Where the magistrate is satisfied as a result of his enquiry under subsection (5) that the person in question is suffering from mental illness of such a nature and to such a degree as to make it necessary for his welfare, or for the public safety, that he should forthwith be placed under prolonged treatment in a psychiatric hospital, the magistrate may order that such person be placed under prolonged treatment in a psychiatric hospital for such period, not exceeding eighteen months as the magistrate thinks fit.

    (8) An order for prolonged treatment made under this section may be renewed from time to time, in accordance with the provisions of this section, upon application made to a magistrate before the expiration of any current period of renewal, accompanied by copies of the original orders for temporary and prolonged treatment made under this Part.