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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 50

Requirements as to medical evidence.

50.(1) Of the medical practitioners whose evidence is taken into account under
paragraph (a) of sub-section (1) of section forty-eight, at least one shall be
a practitioner appointed... for the purposes of section nineteen.

(2) For the purposes of the said paragraph (a) a report in writing purporting
to be signed by a medical practitioner may, subject to the provisions of this
section, be received in evidence without proof of the signature or
qualifications of the practitioner; but the court may in any case require that
the practitioner by whom such a report was signed be called to give oral
evidence.

(3) Where, in pursuance of directions of the court, any such report as
aforesaid is tendered in evidence otherwise than by or on behalf of the
accused, then

(a)if the accused is represented by counsel or solicitor, a copy of the report
shall be given to his counsel or solicitor;

(b)if the accused is not so represented, the substance of the report shall be
disclosed to the accused or, where he is a child or young person, to his
parent or guardian if present in court;

(c)in any case, the accused may require that the practitioner by whom the
report was signed be called to give oral evidence, and evidence to rebut the
evidence contained in the report may be called by or on behalf of the accused.

(4) In relation to a child or young person brought before a juvenile court
under [section ninety-four]... of the Children and Young Persons Act (Northern
Ireland), [1968], sub-section (3) shall have effect as if for references to
the accused there were substituted references to the child or young person;...


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© 1961 Crown Copyright

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