MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 62 Further provisions as to certain prisoners.

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 62

Further provisions as to certain prisoners.

62.(1) Any transfer direction given in respect of any such person as is
described in paragraphs (a) to (c) of sub-section (2) of section fifty-nine
shall cease to have effect when his case is disposed of by the court to which
he was committed or by the court by which he was remanded, as the case may be,
but without prejudice to any power of the court to make a hospital order or
other order under this Part in his case.

(2) Where a transfer direction has been given in respect of any such person as
is described in paragraphs (a) to (c) of the said sub-section (2), then

(a)if the Minister is notified by the responsible medical officer at any time
before that person is brought before the court to which he was committed or by
which he was remanded that he no longer requires treatment for
mental disorder, the Minister may by warrant direct that he be remitted to any
place where he might have been detained if he had not been committed to the
care of [the Ministry], there to be dealt with as if he had not been committed
to their care, and on his arrival at the place to which he is so remitted the
transfer direction shall cease to have effect;

(b)if (a direction not having been given under paragraph (a)) it appears to
that court that it is impracticable or inappropriate to bring that person
before the court and the conditions set out in sub-section (3) are satisfied,
the court may make a hospital order (with or without an
order restricting discharge) in his case in his absence and, in the case of a
person committed for trial, without convicting him.

(3) A hospital order may be made in respect of a person under paragraph (b) of
sub-section (2) if the court

(a)is satisfied, on the oral evidence of at least two medical practitioners
(complying with sub-section (1) of section fifty), that that person is
suffering from mental disorder of a nature or degree which warrants his
detention in hospital for medical treatment; and

(b)is of opinion, after considering any depositions or other documents
required to be sent to the proper officer of the court, that it is proper to
make such an order.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 62