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Section 54

Power to examine person alleged to be mentally disordered

of Mental Health Act 2001

ActIn forceProvision 54 of 94
Section 54

(1)

At any time after the application for the inquiry is made, the Court may—

(a)

require the applicant to produce the person alleged to be mentally disordered at such time and place as the

Court may appoint, for the purpose of being personally examined by the Court or by a psychiatrist from whom the Court may desire to have a report of his mental capacity and condition; and

(b)

make an order authorizing any person or persons named in the order to have access to the person alleged to be mentally disordered for the purpose of a personal examination and making the report referred to in paragraph (a).

(2)

The psychiatrist making a report under paragraph (1)(a) in respect of the person alleged to be mentally disordered shall consider—

(a)

the nature and degree of the person’s condition;

(b)

the complexity of his estate;

(c)

the effect of the condition of the person upon his conduct in administering his estate; and

46 Laws of Malaysia ACT 615

(d)

any other circumstances the psychiatrist considers relevant to the estate and the person and his condition.

(3)

The report referred to in paragraph (1)(a) shall be admissible in evidence at the inquiry to be held by the Court under this

Part.

Power to send person alleged to be mentally disordered to a government psychiatric hospital or a gazetted private psychiatric hospital for purpose of observation