Malaysia legislation
Section 36
Section 36
Commissioner General pursuant to this Act shall—
(2)
An order issued under subsection (1) shall be an authority for the reception of the prisoner and for his detention in the psychiatric hospital or other fit place in Malaysia until removed or discharged as hereinafter provided.
(3)
Where a prisoner detained in a psychiatric hospital under subsection (1) is, in the opinion of the Medical Director of the
Prison 29
psychiatric hospital, no longer mentally disordered, the Medical
Director shall report accordingly to the Commissioner General.
(4)
Upon receipt of the report, the Commissioner General shall, by order in writing—
(a)
direct the return of the prisoner to the prison from where he was removed or to any other prison if his term of imprisonment has not expired; or
(b)
direct the prisoner to be discharged if his term of imprisonment has expired.
(5)
Where a prisoner detained under subsection (1) is, in the opinion of the Medical Director of the psychiatric hospital, still mentally disordered and the term of imprisonment to which the prisoner has been sentenced has expired, paragraph 45(2)(c) of the Mental Health Act 2001 shall apply to the prisoner as if he were detained in accordance with a detention order given under paragraph 44(2)(b) of that Act.
(6)
The time occupied in effecting any removal under this section and the period during which the prisoner is detained in a psychiatric hospital shall be reckoned as part of the term of imprisonment.
Illness of prisoner