Designation of approved psychiatric hospital
The Minister may designate a government psychiatric hospital to be an approved psychiatric hospital for the purposes of the admission and detention of persons under section 342, 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law.
Examination of persons detained or confined in an approved psychiatric hospital
(1) Where an order has been made under section 342, 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law that a person be detained or confined in an approved psychiatric hospital, the Medical Director of the approved psychiatric hospital shall examine or cause to be examined the person within twenty-four hours of his admission. (2) The Medical Director shall examine, or caused to be examined at least once in every four weeks, or within such shorter period as the Minister may specify, any person admitted and confined under section 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law.
Review of persons confined under section 348 of the Criminal Procedure Code by Visitors
(1) Where the Medical Director of an approved psychiatric hospital under section 23 is satisfied that a person admitted and confined under section 348 of the Criminal Procedure Code or corresponding provisions in any other written law may be safely discharged without any danger of his doing injury to himself or to any other person, he may, as soon as may be possible, cause the person to be brought before the Visitors for personal examination. (2) If upon considering the report of the Medical Director and by the personal examination of the person, the Visitors are satisfied that the person poses no danger to himself or to any other person, the Visitors and the Medical Director shall jointly certify as required under section 350 of the Criminal Procedure Code that the person may be safely discharged without danger of his doing injury to himself or to any other person. (3) The certificate referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined by the order of the Yang di-Pertuan Agong.
Review of persons confined under section 344 or 348 of the Criminal Procedure Code by Visitors on an application of a relative or friend
(1) If a relative or friend of a person confined in an approved psychiatric hospital makes an application under section 351 of the Criminal Procedure Code for the person to be delivered over to his care or custody, that relative or friend may give a copy of that application to the Medical Director of the approved psychiatric hospital. (2) Upon receiving a copy of the application, the Medical Director and the Visitors of the approved psychiatric hospital shall examine the person and prepare a report certifying whether in their judgment that person could be delivered over to the care or custody of the relative or friend without any danger of the person doing injury to himself or to any other person. (3) The report referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined by the order of the Yang di-Pertuan Agong.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).