Mental Health Act 2001 · Updated to 1 Feb 2014 · Part X · Proceedings in Inquiries Into Mental Disorder
Section 55
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The Court may, in lieu of or in addition to its powers under section 54, and on such evidence as it deems sufficient, make an order that the person alleged to be mentally disordered be admitted into a government psychiatric hospital or a gazetted private psychiatric hospital for observation for a period not exceeding one month; and the Court may on subsequent application by the Medical
Court
“Court” means the High Court, a Sessions Court or a Magistrate Court or a Syariah Court as the context may require, and includes a Judge whether sitting in Court or in Chambers; Mental Health 11
Director order an extension for a further period of observation not exceeding one month.
The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not mentally disordered, the person shall be discharged by the
Medical Director into the care of the person making the application under subsection 52(3) and shall appear before the Court at the time and place appointed by the Court.
Medical Director
“Medical Director” means— (a) the Medical Director of a psychiatric hospital appointed under subsection 5(1) or section 6, as the case may be, and includes a Deputy Medical Director appointed under the section; and (b) the Head of Psychiatry appointed under subsection 5(2);
Upon the admission of the person concerned to the psychiatric hospital under subsection (1), the Medical Director shall keep the person under observation and shall, before the expiry of the period mentioned in the order, certify in writing to the Court his opinion as to the state of mind of the person.
psychiatric hospital
“psychiatric hospital” means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital;
In making his certification under subsection (3) the Medical
Director shall consider the matters set out in subsection 54(2).
The certificate under subsection (3) shall be admissible in evidence at the inquiry to be held by the Court under this part.
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If, at any time after certification, the person is or becomes mentally disordered, the applicant under subsection 52 (3) under whose care the person is placed upon being discharged under subsection (2) shall ensure that the person appear before the Court at the time and place appointed by the Court.