Comparison View

Formal Consolidation |  2020 RevEd
Delivery of person of unsound mind to care of relative
255.—(1)  If a relative or friend of a person confined under section 249(2) or 252 wishes the person to be delivered to his or her care and custody, he or she may apply for this and give security to the satisfaction of the Minister that —
(a)that person will be properly cared for;
(b)that person will be prevented from injuring himself or herself or any other person;
(c)that person will be produced for inspection by the principal officer at such time as the Minister directs; and
(d)the relative or friend of that person will be able to meet any other conditions that the Minister may impose,
and if the Minister is so satisfied, the Minister may order the person to be delivered to that relative or friend.
[33/2012]
(2)  If a person is confined under section 249(2), the Minister may further require the relative or friend to give security to the Minister’s satisfaction that if at any time the Minister thinks the person is capable of making his or her defence, the relative or friend will produce the person for trial.
(3)  Sections 253 and 256 apply with the necessary modifications to a person delivered under this section.
(4)  Even though a person confined under section 249(2) or 252 has been delivered to a relative or friend of that person under subsection (1), the Minister may, after receiving a special report mentioned in section 253(2), order that the person be confined again in a psychiatric institution or any other suitable place.
Informal Consolidation | Amended Act 19 of 2018
Delivery of person confined under section 249 or 252 to care of relative or friend
255.—(1)  If a relative or friend of an accused confined pursuant to an order under section 249(9)(b) or (c)(i) wishes the accused to be delivered to the care and custody of the relative or friend —
(a)the relative or friend may apply for this; and
(b)the Minister may make an order that the accused be released on the following conditions:
(i)the accused will be properly taken care of;
(ii)the accused will be prevented from injuring himself or any other person;
(iii)the accused will, when required, appear in court or before any officer that the court appoints for that purpose;
(iv)any other conditions that the Minister may impose in any particular case.
(2)  The Minister must not order under subsection (1)(b) that the accused be released unless —
(a)a designated medical practitioner has certified under section 247(6)(a) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or
(b)after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (1)(b)(i) to (iv).
(3)  An order of the Minister under subsection (1)(b) may (but need not) specify —
(a)for the purposes of subsection (1)(b)(i), a person by whom the accused will be properly taken care of; or
(b)for the purposes of subsection (1)(b)(ii), a person by whom the accused will be prevented from injuring himself or any other person.
(4)  For the purposes of subsection (1)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (1)(b), include the following conditions:
(a)the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980*, that is specified in the order;
(b)the accused must present himself for any medical treatment that is specified in the order;
(c)the accused must take any medication that is specified in the order;
(d)the accused, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order;
(e)a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused.
[*Updated to be consistent with the 2020 Revised Edition]
(5)  The Minister may, on the application of any party —
(a)vary any condition mentioned in subsection (1)(b)(i), (ii) and (iii); and
(b)vary, revoke or add to any condition mentioned in subsection (1)(b)(iv).
(6)  The Minister may, after considering the matters reported under section 253(3) in relation to the accused —
(a)revoke an order under subsection (1)(b) in relation to the accused; and
(b)make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused.
(7)  The Minister may also revoke an order under subsection (1)(b) in relation to the accused, and make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused, if —
(a)the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or
(b)any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person.
(8)  If a relative or friend of a person confined pursuant to an order under section 252(6)(a) or (7)(b) (called in this section the subject) wishes the subject to be delivered to the care and custody of the relative or friend —
(a)the relative or friend may apply for this; and
(b)the Minister may make an order that the subject be released on the following conditions:
(i)the subject will be properly taken care of;
(ii)the subject will be prevented from injuring himself or any other person;
(iii)the subject will, when required, be produced for inspection by the principal officer of a psychiatric institution, at a time directed by the Minister;
(iv)any other conditions that the Minister may impose in any particular case.
(9)  The Minister must not order under subsection (8)(b) that the subject be released unless —
(a)a designated medical practitioner has certified under section 252(3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or
(b)after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (8)(b)(i) to (iv).
(10)  An order of the Minister under subsection (8)(b) may (but need not) specify —
(a)for the purposes of subsection (8)(b)(i), a person by whom the subject will be properly taken care of; or
(b)for the purposes of subsection (8)(b)(ii), a person by whom the subject will be prevented from injuring himself or any other person.
(11)  For the purposes of subsection (8)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (8)(b), include the following conditions:
(a)the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980*, that is specified in the order;
(b)the subject must present himself for any medical treatment that is specified in the order;
(c)the subject must take any medication that is specified in the order;
(d)the subject, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order;
(e)a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject.
[*Updated to be consistent with the 2020 Revised Edition]
(12)  The Minister may, on the application of any party —
(a)vary any condition mentioned in subsection (8)(b)(i), (ii) and (iii); and
(b)vary, revoke or add to any condition mentioned in subsection (8)(b)(iv).
(13)  The Minister may, after considering the matters reported under section 253(3) in relation to the subject —
(a)revoke an order under subsection (8)(b) in relation to the subject; and
(b)make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject.
(14)  The Minister may also revoke an order under subsection (8)(b) in relation to the subject, and make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject, if —
(a)the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or
(b)any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person.
[Act 19 of 2018 wef 15/11/2022]