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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

General Regulations

Chapter 8 : Observation and Treatment

41. Observation and treatment of mental health care users referred to health establishment by a court of law in terms of the Criminal Procedures Act, 1977 (Act No. 51 of 1977)

 

(1) A person referred by a court of law to a health establishment in terms of section 79 of the Criminal Procedure Act, 1977, for observation, must be informed that a report will be submitted by a mental health care practitioner to the court of law and that he or she is under no obligation to divulge information.

 

(2) If a person contemplated in subregulation (1) is found to be mentally ill to the degree that he or she is a danger to himself or herself or others and psychiatric treatment has become a matter of urgency, such treatment must be commenced immediately even before the report contemplated in subregulation (1) has been submitted to a court of law.

 

(3) Where a person has been referred by a court of law to a health establishment for observation, such person may, with the assistance of the South African Police Services, be taken to a health establishment for any neuro-psychiatric or physical health investigation that cannot be done at the place where that person is being detained provided that, while the person is undergoing investigation at the health establishment, the South African Police Services shall remain responsible for the safe custody of that person.

 

(4) When the person contemplated in subregulation (2) has undergone that investigation contemplated in subregulation (3), that person must be transferred with the assistance of the South African Police Services to the place where that person is being detained, or that alternative place, including a psychiatric hospital, that may have been arranged arising from the investigation, provided that the documentation relating to that investigation must be sent together with the person to the place where he or she is being transferred.