Report / Royal Commission on the Law Relating to Mental Illness and Mental Deficiency 1954-1957.
- Great Britain. Royal Commission on the Law Relating to Mental Illness and Mental Deficiency 1954-1957.
- Date:
- 1957
Licence: Public Domain Mark
Credit: Report / Royal Commission on the Law Relating to Mental Illness and Mental Deficiency 1954-1957. Source: Wellcome Collection.
319/346 page 307
![Patient admitted by Patient admitted by _ reception order on petition Patient admitted by summary reception order Patient admitted on order under Section 30, Patient admitted by order Patient admitted on order under Section 16, Army Act, 1955, Section 16, Air Force Act, 1955, ‘Temporary patient admitted under Voluntary patient admitted under Patient admitted under Section Patient admitted under Patient admitted by Mental Deficiency Act, 1913 Patient admitted to “* place of safety ” (in institution or elsewhere) under Section 15, Mental Patient admitted by order under Section 9, Mental Deficiency Patient admitted by order under Section 8 (1) (6), Mental urgency order (Section 11, . | PaaS ‘ c > inguisiti edings Defici 5 : — Lunacy Act, 1890) (Sections pe Act, Sections 14 and 16, ae i and 16, Magistrates’ Courts Act, 1952 Lunatics Act, 1884 Section 8 Navel ealismaent Act, 1930 Act, 1930 inquisition proceeding: ciency Act, 1913 Deficiency Act, 1913 Act, 1913 Deficiency Act, 1913 ection 20, Lunacy Act, 1 Section 21, Lunacy Act, 1890 Lunacy Act, 1890 unacy Act, 2 | Col 17 (Column 1) “. (Column 2) (Column 3) (Column 4) (Column 5) (Column 6) (Column 7) (Column 8) (Column 9) (Column 10) (Column 11) | (Column 12) (Column 13) (Column 14) (Column 15) (Column 16) (Column 17) Persons to whom | procedures may be || applied and circum- stances in which they | may be used. Item 1. authorised officer or constable has a duty to act under Section 14 or 15 (see columns 5 and 6) where it is necessary for the public safety or the person's welfare that he should be placed under care and control before such action is taken. Section 21 (1): Any person of unsound mind for whom a summary reception order might be made, where it is expedient for the person’s welfare or the public safety that he should forthwith be placed under care and control. Section 21 (2): Any person for whom a summary reception order has been made, to provide for detention until he can be removed to the place named in the order. Any person of unsound mind where it is expedient for his welfare or the public safety that he should forthwith be placed under care and treat- ment, Any person of unsound mind who is a proper person to be detained under care and treat- ment. Any person of sound mind is large and i sound mind who is a proper person to be detained under care and treatment and who is not under proper care and control or whose relatives or friends do not intend or are un- able to present a petition. be detained u care and t ment, un- who at Siva nder Teat- Any person charged before a magistrates court with any act or omission punishable on summary conviction with im- prisonment, where the court is satisfied that he did the act or made the omission with which he is charged and is a person of unsound mind and (a) Any patient already in hos- pital as a ‘ Broadmoor patient”; or (6) any prisoner certified insane under Section 2 of the Act by two members of the yisiting committee of the prison or the Prison Commissioners or one of them (after consulting two medical practitioners), who is about to be absolutely discharged or whose term of imprisonment is about to de- termine and who is unfit to be at large. Any man or woman, other than a commissioned officer, who is about to be discharged | from H.M. Forces and is:— (a) a dangerous person of unsound mind; or (b) a person of unsound mind requiring treatment in a mental hospital and having no relative claim- ing to take charge of him;) or(c) a person of unsound mind having no relative willing to take charge of him. Any person who is mentally ill and is likely to benefit by temporary treatment and is incapable of expressing him- self as willing or unwilling to receive treatment. Any person who makes written application for treatment for mental illness or, if under age 16, whose parent or guardian makes application. Any person found by inquisition to be of unsound mind and incapable of managing him- self and his affairs. Idiot or imbecile of any age. Feeble-minded person or moral defective under age 21, | ! Any defective who is subject to be dealt with under Section 2 of 1913 Act. Any person whom a duly authorised officer or constable has reasonable cause to believe to bea defective, who is found neglected, abandoned, or without visible means of support or cruelly treated. Any defective who has been convicted by a court of a criminal offence punishable with imprisonment or, if a child, has been found liable to be sent to an approved school. Any defective who is de- tained in a_ prison, approved school or other institution under conditions specified in Section 9. Ttem 2. Medical certificates or evidence or other cer- || tificates required. i | Item 3. (a) Person authorised to apply for judi- cial order. (6) Judicial made by. order One medical certificate as to patient’s mental condition and expediency of immediate care. Two medical certificates, one by patient’s usual medical atten- dant where practicable or statement why not practicable. Evidence from two medical practitioners. Any medical or other evidence which the justice may deem necessary. (The patient will already have been certified—see Item 1.) One medical certificate. Recommendation signed by two medical practitioners, one of whom, not being the patient’s usual medical attendant, has been approved for this pur- pose by Minister of Health. If under 16, recommendation signed either by patient’s usual medical attendant or by a doctor approved for this pur- pose by local health authority or Minister of Health. Copy of the order appointing the committee of the person, if such an order has been made. (a) Two medical certificates, one by a doctor approved for this purpose by local health authority or Minister of Health. (6) If patient is not idiot or imbecile, certificate is also Tequired from a_“ judicial authority ”’ — see Item 3 (4), column 4, (a) Two medical certificates, one by a doctor approved for this purpose by local health authority or Minister of Health, or a certificate that medical examination was impracticable. (6) Statutory declaration by petitioner and one other person who may be one of the doctors giving medical certificate, Certificate of two medical practitioners. Medical evidence that patient is a defective must be before the court, (a) As in columns 5 and 6. (b) As in columns 5 and 6. (a) Husband or wife or relative of patient if possible, or other person connected with patient. If not husband, wife or relative of patient, reasons to be stated. (b) “Judicial authority” ie. justice specially appointed (Section 10, Lunacy Act, 1890) or county court judge or stipendiary magistrate. He need not see the patient, but if he does not the patient may ask to be seen later by another judicial authority. officer of health auth officer of local health authority. local ority place where the Patient is. must see the patient. (6) Magistrates court before whom the patient is charged. (a) Superintendent of hospital, or governor of prison where patient is, (6) Any justice who has juris- diction where patient is or who is a member of the visiting committee of prison where patient is. (6) If n0 committee of the person has been appointed, the Master in Lunacy. (6) None, (But see Item 2 (6) above.) (a) Relative or friend of defective, or duly authorised officer of local health authority. An order may not be made with- out written consent of the parent or guardian, unless such consent is unreasonably withheld or unless parent or guardian is inaccessible. (6) “ Judicial authority ”,—see Item 3 (5), column 4. (6) Any court of com- petent jurisdiction. Army Council, Air Council or Husband or wife or relative of Patient himself if over age 16. The committee of the person. Parent or guardian of idiot or Secretary of State(Home | Duly authorised officer of Item 4, judici ‘ cal | For private patient, husband or Over . J z “ as hee a Ay St re a Sg wike or Pete or other Admiralty respectively, or any patient if possible, or on Parent or guardian if patient See also Item 3 (6) above. imbecile. Parent of feeble- Secretary). loca] health authority, person who authorises stable. person connected with patient. officer deputed by them. their request duly authorised is under age 16. minded person or moral or any constable. or orders patient’s If order for private patient is officer of local health author- defective. admission: not signed by husband, wife ity, or other person connected or relative, reasons to be with patient. stated. For other patients, ! duly authorised officer of local health authority. \ Item 5 i e| T || ica! examine patient’s physical condition on | (a) Statement on patient’s physical condition on admission to be given to person bringing patient to a hospital yested in the Minister. (This does not apply to patients admitted to private hospitals or houses or to single care.) As at (d) in columns 3—10. Medical statement to be sent to || (a) Medical statement to be sent to Board of Control within 7 days after admission. em peclca cencrts| Ot isomer wea Rio fata feelter, phy: (b) Medical statement to be sent to Board of Control between second and seventh day after admission. ie $e : ; ; : e Board of Control between jj (6) Entries to be made in patient’s record at intervals prescribed in Regulation 38 of Mental Deficiency Regulations, ciigaioal | (c) Patients admitted by order on petition: report on mental and physical condition to be sent to Board of Control one month after admission. A copy to be sent to clerk of the Visitors in regard to patients in houses licensed by justices. second and seventh day after 1948. (This does not apply to patients under guardianship.) (d) Entries to be made in patient’s clinical record as prescribed in Rules 48 and 49 of Mental Treatment Rules, 1948, or (for patients in single care) in the medical journal as required by Rule 97. admission. (Other medical || (c) Patients under guardianship: entries to be made in Guardianship Book at intervals prescribed in Regulation 76 of See also Item 7 below. reports to be sent to Lord Mental Deficiency Regulations, 1948. Chancellor’s Visitors half- |) See also Item 7 below. yearly by committee of person and medical attendant whether patient is in hospital or single é care or not, under Maneage- ment of Patients Estates Rules.) Item 6. Period for which || 3 days, which may be extended ; 14 days, which may be extended | 7 days or, ifa petition for a | 1 year, and thereafter may be continued for periods of 1 year, 2 years, 3 years and successive periods of 5 years. Up to 6 months, which may be Patient may leave at any time on Indefinitely. (The order of || 1 year, and thereafter if continued by Board of Control for 1 year and successive periods of 5 years. Pending presentation of patient may be de- for up to another 14 days. for up to another 14 days. reception order is pending, extended for further periods giving 72 hours notice, or if commitment expires if not ; petition for Section 6 tained if not dis- until the petition is finally not exceeding another 6 under age 16 on _ such renewed at 5-yearly intervals, || NoTE: If defective has been dealt with under Section 9, and the order under the Mental Deficiency Acts expires or is order, charged in interim, at disposed of. months in all. notice being given by parent but the order for reception discharged before the end of the term of imprisonment, detention in approved school etc., the defective is to be sent back end of which compul- or guardian. into hospital or other form of to prison, approved school etc., unless the Secretary of State (Home Secretary) agrees to his being set at large. sory powers expire if care does not expire so long EXPiry not continued. as the order of commitment AND is in force.) oot Item 7. Continuation pro- || Certificate by medical officer of hospital that patient is of unsound Authority for detention remains in force for further period if special report on patient’s mental and bodily condition with a certificate that he is still of unsound mind and a proper | Board of Control may extend Board of Control may continue order when due to expire after considering:— CoMPUL- cedure. mind and that it is expedient for his welfare that he should be person to be detained under care and treatment is sent to Board of Control by the medical officer or medical attendant when period of detention is due to expire. for periods not exceeding 3 @ special report by the Visitors appointed by justices on patient’s mental condition and means of care and supervision SORY detained for a further period not exceeding 14 days. months at a time on applica- which would be available if he were discharged, stating their opinion whether he is still a proper person to be detained Pagans tion by one of the persons _. in his own interest ; allowed to make application (i) special report by medical officer or medical practitioner on patient’s mental and bodily condition and certificate for the patient’s admission _.,. that he is a proper person to be detained in his own interest; and accompanied by a statement (iii) report of any medical practitioner who at request of patient or his parent or guardian or any relative or friend has as to patient’s mental and examined patient and means of care and supervision which would be available if he were discharged. bodily condition by medical officer or medical attendant. . Rejection or lapsing of (a) Board of Control may order discharge if an incorrect or defective medical certificate is not amended to their satisfaction within 14 days after patient’s admission. Patient may not be retained as ' Board of Control may order discharge if any incorrect or imperfect order i se saa athOrty for Patient | (6) Authority for detention lapses if the patient escapes and is not recaptured within 14 days. — : ‘ ; a voluntary patient more than | founded is not ainenisa to their eatatacion within 28 days after patient’s Sy ee ties pest ee ee ee to remain (apart from (c) Patient absent on trial may not be recalled when period of trial expires if a medical certificate that detention is no longer necessary is sent to the hospital management committee or the manager of the registered 28 days after losing power to lapsing if not con- hospital or licensed house, (This does not apply to temporary patients.) g i ; express willingness or un- tinued when due to (d) Temporary patient may not be detained as such for more than 28 days after becoming capable of expressing himself as willing or unwilling to receive treatment. willingness to receive treat- expire as described in ment. Items 6 and 7). Persons having powers (a) Patients admitted by order on petition: the person on whose petition the order was made, or if he is dead or incapable the person who made the last payment On account of patient, or the appropriate relative, at any time. ; (a) Patient himself, if over age | Committee of the person or, if || (a) Patients admitted under Section 3: parent or guardi ivi i i Item 9 of discharge. Be | (b) Patients admitted otherwise than by order on petition: the appropriate relative, or (private patients only) the person who made last payment on account of patient, or (temporary patients only) the person (other than duly authorised officer) who 16, or parent or guardian of there is no committee, the within 14 days after receiving notice that further | detention’ # rouuieedte arse oes mamabens core: applied for the patient's admission, at any time. : patient under 16, at any time Master in Lunacy. (This re- || (6) Patients admitted to certified institutions under Section 3: the managers on giving a th’ tice to the parent (c) If no person is qualified or able or willing to act under (a) or (6), the Board of Control, at any time. on giving 72 hours notice. lates to discharge from hospital guardian and to the Board of Control . 3 nee ea eee coe Deo (d) Patients maintained in registered hospital or other private hospital by regional hospital board: regional hospital board at any time. — (6) Board of Control if they or single care—there is a || (c) The Visitors appointed by justices, when patient reaches age 21 Nore.—Discharge under (a), (6), (c) or (d) may be prevented by a barring certificate signed by the medical officer stating that the patient is dangerous and unfit to be at large, but the barring certificate may be overruled by two members of the hospital consider patient’s mental separate procedure for dis- || (d) A Commissioner of Board of Control at any time. 7 REECE Management committee of a hospital vested in the Minister, or by Commissioner(s) of the Board of Control visiting a registered hospital, licensed house, other hospital or home or patient in single care, or by Visitors of a licensed house. The state renders him unfit to charge of order of commit- see (mm) below.) remain as a voluntary patient. ment.) See Nore in Item 6 above. Item 10. Visits by public autho- Tities. Ttem 11. Documents to be sent to Board of Control, Visitors and other public authorities. Commissioners. or clerk of the Visitors, See also Items 5 and 7 above. (a) Notice of admission and, if Patient is under age 16, copy of medical recommendation, to Board of Control, and, for patients in houses licensed by justices, to clerk of Visitors, within 2 days. (6) Notice of departure, or trans- fer to or from private or health service class, to Board of Control, and (for health Service patients) to local health authority, within 2 days. (c) Notice of death to Board of Control and Kpationts in houses licensed by justices) ~ clerk of Visitors, within 2 ys. As in columns 3—11, (In addition, any patient in hospital or not: (a) Must be visited by Lord Chancellor’s Visitors as directed by Rules in Lunacy or by order of the Judge in Lunacy and in any case at least twice a year, (6) If in a private house, must be visited by Lord Chan- cellor’s Visitors four times in each of first two years after inquisition. (c) May be visited by Board of Control or any other person on an order by the Lord Chancellor.) (a) Notice of discharge or re- moval, or transfer to or from private or health service class, to Board of Control, and (for health service patients) to local health authority, and to Lord Chancellor’s Visitors, within 2 days. (6) Notice of death, to the cor- oner of the district, Board of Control, registrar of deaths, local health authority (for health service patients), clerk of the Visitors (patients in houses licensed by justices), and LordChancellor’s Visitors, within 2 days. See also Item 5 above. (d) Patients under guardianship of Control. institution. within 7 days of admission. (c) Patients under guardianship: institutions), within 2 days. See also Items 5 and 7 above. Patients in mental defi- ciency hospitals and certified institutions, are visited as in (a) and (c) in previous column. Board of Control notified of admission and dis- charge or death. [To face page 305](https://iiif.wellcomecollection.org/image/b32177768_0319.jp2/full/800%2C/0/default.jpg)
