Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII.

  • Great Britain. Royal Commission on the Care and Control of the Feeble-minded.
Date:
1908
Catalogue details

Licence: In copyright

Credit: Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

    380/552 (page 348)
    D.-PROC?DURE IN REGARD TO MENTALLY DEFECTIVE PERSONS, (d)—Modifications of the Lunacy Act, 1890. (Recommendations LXVIII.-LXXI.) Recommendation LX VIII,—(cont.) .1 - ! Dismissal of jietitioii. Kijiht of [iHnatic] ntcntalln defective person to l.'o examined hy judicial authority. suitable for his ivroper care and control, os map be decided by the Committee for the Care of the Mentally Defeciioe; or if not SO satisfied he shall appoint as early a time as practicable, not being more than seven days after the presentation of the petition, for the considera- tion thereof; and he may make such further or other inquiries of or concerning the alleged [lunatic] mentally defective pterson as he may think fit. Notice of the time and place appointed for the consideration of the petition (unless personally given to the petitioner) shall be sent to the petitioner by post in a prepaid registered letter addressed to him at his address as given in the petition. (2.) The judicial authority if not satisfied with the evidence of [lunacy] mental defect appearing by the medical certificates, may, if he thinks it necessary so to do visit the alleged [lunatic] mentally defective person at the place where he may happen to be. And the order shall contain a statement that the patient has or has not been personally examined by such judicial authority. (3.) The petition shall be considered in private, and no one except the petitioner, the alleged [lunatic] mentally defective person (unless the judicial authority shall in his discretion otherwise order), any one person appointed by the alleged [lunatic] mentally defective person for that purpose, and the persons signing the medical certifi- cates accompanying the petition, shall, without the leave of the judicial authority, be present at the consideration thereof. (4.) At the time appointed for consideration of the petition the judicial authority may make an order thereon or dismiss the same, or, if he thinks fit, may adjourn the same for any period not exceeding fourteen days for further evidence or information, and he may give notice to such persons as he thinks fit of the adjourned consideration, and summon any persons to attend before him. (5.) Every judicial authority and all persons admitted to be present at the considera. tion of any petition for a reception order, or otherwise having official cognisance of the fact that a petition has been presented, except the alleged [lunatic] mentally defective person and the person appointed by the alleged [lunatic] menudly defective 2>erson as aforesaid shall be bound to keep secret all matters and documents which may come to his or their knowledge by reason thereof, except when required to divulge the same by lawful authority. '7.—(1.) If the petition is dismissed, the judicial authority shall deliver to the petitioner a statement in writing under his hand of his reasons for dismissing the same, and shall send a copy of such statement to the [Commissioners] Board of Control', and shall also, where the alleged [lunatic] mentally defective person is detained under an urgency order, send notice by post or otherwise to the person in whose charge the alleged [lunatic] mentally defective lyerson is, that the petition has been dismissed. (2.) Any judicial authority making or refusing a reception order, shall, if so required by the [Commissioners] Board of Control, give to them all such information as they may require as to the circumstances under which the order was made or refused. ‘ <3.) The [Commissioners] Board of Control may communicate such information as they think proper,-on the dismissal of the petition or the release of the alleged [lunatic] mentally defoot/ive person, to him or to any person who may satisfy them that he is a proper person to receive the information. (4.) If after a petition has been dismissed another petition is presented as to the same alleged [lunatic] mentally defective jnrson, the person presenting such other petition, so far as he has any knowledge or information with regard to the previous petition and its dismissal shall state the facts relating thereto in his petition, and shall obtain from the [Commissioners] Board of Control, at his own expense, and present with his petition, a copy of the statement sent to them of the reasons for dismissing the previous petition, and, if he wilfully emits to comply with this sub section, he shall be guilty of a misdemeanor. S-—(1.) When a [lunatic] mentally defective pt’Mon has been received as a private patient under an order of a judicial authority, without a statement in the order that the patient has been personally seen by such judicial authority, the patient shall have the right to be taken before or visited by a judicial authority, other than the judicial authority who made the order, unless the medical officer of the institution or house, or, in the case of a single patient his medical attendant, within twenty four hours after reception, in a certificate signed and sent to the [Commissioners! Board of Control, states that the exercise of such right would be prejudicial to the patient. (2.) Where no such certificate has been signed and sent, the manager of the institution or house in which the patient is, or the person having charge of him as a single patient, shall within twenty-four hours after reception, give to the patient a notice in writing of his right under this section, and shall ascertain whether he desires to exercise the right; and if he, within seven days after his reception, expresses his desire to exercise the right, such manager or person shall procure him to sign a notice of such desiici and shall forth- with transmit it by post in a prepaid registered letter to the judicial authority, who is to exercise the jurisdiction under this section, or to the justices clerk of the petty sessional division or borough, where the [lunatic] mentally defective person, is, to be by him transmitted to such judicial authority, and the judicial authority shall thereupon arrange, as soon as conveniently may be, either to visit the patient or to have the patient brought before him by the manager or person as the judicial authority may think fit,