Mental Treatment Act, 1945

Certificate that person proposed to be discharged is unfit therefor.

221.—(1) Notwithstanding anything contained in this Part of this Act, a person detained in a mental institution shall, save where the Minister directs the discharge of such person under this Act, not be discharged where (in the case of a district mental hospital or other institution maintained by a mental hospital authority) the resident medical superintendent, or (in any other case) his medical attendant, gives a written certificate, containing a statement of the grounds therefor, that he is dangerous or otherwise unfit to be discharged.

(2) Where a certificate is given under this section, the following provisions shall have effect:—

(a) notice in writing of objection to the certificate may be given to the Minister by or on behalf of the person to whom the certificate relates,

(b) on receipt of such notice, the Minister may, by notice in writing given to the person in charge of the relevant mental institution, require such person to give to the Minister a copy of the certificate and such person shall comply with such requisition forthwith,

(c) the Minister, on receipt of such copy of the certificate, may require the Inspector of Mental Hospitals to examine the person to whom the certificate relates,

(d) after consideration of the report of the Inspector of Mental Hospitals on his examination of the person to whom the certificate relates, the Minister, if he so thinks fit and provided that not more than fourteen days have elapsed since he received such copy of the certificate, may by order direct the discharge of the person to whom the certificate relates and, if the Minister so directs, such person shall be discharged accordingly.