Detention of a patient under observation. 31. (1) Upon the application in the prescribed form of any person (in this section referred to as “the applicant”) who has reason to believe that some other person is a mentally disordered person, any magistrate or justice of the peace may make an order, in the prescribed form, authorizing the removal to a mental hospital, for the purpose of detention and observation as a patient under observation during the period not exceeding seven days from and including the date of the order, of the person alleged to be a mentally disordered person.
(2) Every such order shall have the effect of authorizing the applicant and every public officer with such assistance in each case as may be necessary, to use such reasonable force as may be necessary in order to remove to a mental hospital the person alleged to be a mentally disordered person and if for any reason it is not practicable forthwith to remove such person to a mental hospital to detain him in a place of safety for a period not exceeding forty eight hours.
(3) No magistrate or justice of the peace shall make any such order unless he has satisfied himself that—
- (a) the applicant is a relative or the guardian of the person in question; or
- (b) the applicant has informed a relative or the guardian of the person of his intention to apply for such order; or
- (c) no relative or guardian of the person in question can be found in the Colony; or
- (d) it is impracticable to delay the making of the order until such relative or guardian can be found.
(4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 32.
Extension of period of detention of a patient under observation. 32. (1) If a patient under observation in a mental hospital has been examined by two registered medical practitioners, either separately or together, and the two registered medical practitioners are of the opinion that it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a magistrate.
(2) If a magistrate who has received a certificate in accordance for the person named in the certificate to be detained in a mental with the provisions of subsection (1) is of the opinion that it is necessary hospital for a further period of observation, investigation and treatment he shall countersign the certificate and shall forward it to the medical Superintendent of the mental hospital in which the person is detained.
