                         MENTAL HEALTH g CAP. 262.        1
CHAPTER 262 
MENTAL HEALTH ACT
To provide for the treatment and care of mentally disordered persons and for purposes
connected therewith or ancillary thereto.
14th September, 1981
ACT XVIII of 1976, as amended by Acts XIII of 1983 and VI of 2001.
ARRANGEMENT OF ACT
Articles 
Short title  1 
Part I.  Preliminary  2-3 
Part II.  Provision of Services for Mentally Disordered  4-13
Part III.  Compulsory Admission to Hospital  14-41 
Part IV.  Patients Concerned in Criminal Proceedings  42-45 
Part V. Miscellaneous and Supplemental  46-51 
  2      CAP. 262. h                MENTAL HEALTH
Short title. l. The short title of this Act is Mental Health Act. 
PART I
PRELIMINARY
Interpretation. 2. (1) In this Act, unless the context otherwise requires -
"absent without leave" has the meaning assigned to it by article
25;
"hospital" means the Mount Carmel Hospital, the Chambrai
hospital, and any other place declared by the Minister, by notice in
the Gazette * , to be a hospital for the purposes of this Act, and
(without prejudice to the generality of article 36), in relation to a
person liable to be detained in a hospital, includes a mental nursing
home;
"manager" means - 
(i) in relation to the Mount Carmel Hospital or to
the Chambrai Hospital, the Physician
Superintendent of such hospital, or the medical
officer acting in his place in that capacity;
(ii) in relation to any other hospital or to any mental
nursing home, the person or persons responsible
for the management of that hospital or nursing
home;
Cap. 94.
"Medical Council" means the Medical Council constituted under
article 20 of the Department of Health (Constitution) Ordinance;
"medical practitioner" means any person whose name is entered
in the Medical Register kept by the Medical Council;
"medical treatment" includes nursing, and also care and training
under medical supervision;
"mental disorder" means mental illness, arrested or incomplete
development of mind, psychopathic disorder, and any other
disorder or disability of mind;
"Mental Health Review Tribunal" means the Mental Health
Review Tribunal established by article 38;
"mental nursing home" means any premises, not being a hospital,
used or intended to be used for the reception of, and the provision
of nursing or other medical treatment for, one or more mentally
disordered patients (whether exclusively or in common with other
persons);
"mental welfare officer" means a person who, irrespective of his
appointment, title or designation, is by the Minister either charged
with performing the functions of a mental welfare officer for the
purposes of this Act or otherwise detailed to perform those
functions;
"Minister" means the Minister responsible for public health;
"nearest relative" and "relative" in relation to a patient has the
* See  Legal Notice 169 of 1994.
                         MENTAL HEALTH g CAP. 262.        3
meaning assigned to it in Part III of this Act;
"patient" means a person suffering, or appearing to be suffering,
from mental disorder;
"prescribed" means prescribed by regulations under this Act;
"psychopathic disorder" means a persistent disorder or disability
of mind (whether or not including subnormality of intelligence)
which results in abnormally aggressive or seriously irresponsible
conduct on the part of the patient, and requires or is susceptible to
medical treatment;
"residential home for mentally disordered persons" means an
establishment the sole or main object of which is, or is held out to
be, the provision of accommodation, whether for reward or not, for
persons suffering from mental disorder, not being a mental nursing
home or a hospital;
"responsible medical officer", in relation to a patient liable to be
detained in a hospital, means the medical practitioner in charge of
the treatment of the patient;
"severe subnormality" means a state of arrested or incomplete
development of mind which includes subnormality of intelligence
and is of such nature or degree that the patient is incapable of living
an independent life or of guarding himself against serious
exploitation, or will be so incapable when of an age to do so;
"subnormality" means a state of arrested or incomplete
development of mind (not amounting to severe subnormality)
which includes subnormality of intelligence and is of a nature or
degree which requires or is susceptible to medical treatment or
other special care or training of the patient.
(2) Nothing in this article shall be construed as implying that a
person may be dealt with under this Act as suffering from any form
of mental disorder described in this article by reason only of
promiscuity or other immoral conduct.
Informal admission 
of patients.
3. (1) Nothing in this Act shall be construed as preventing a
patient who requires treatment for mental disorder from being
admitted to any hospital or mental nursing home in pursuance of
arrangements made in that behalf and without any application,
order or direction rendering such patient liable to be detained
therein under this Act, or from remaining in any hospital or mental
nursing home in pursuance of such arrangements after he has
ceased to be so liable to be detained.
(2) In the case of a minor who has attained the age of sixteen
years, and is capable of expressing his own wishes, any such
arrangements as are mentioned in subarticle (1) may be made,
carried out and determined notwithstanding any right of custody or
control vested by law in his parent or tutor.
  4      CAP. 262. h                MENTAL HEALTH
PART II
PROVISION OF SERVICES FOR MENTALLY DISORDERED
Provision of 
hospital services, 
etc.
4. The Minister may, in respect of or in relation to persons
who are or have been suffering from mental disorder, provide or
make arrangements for, or continue the provision of or
arrangements made for, all or any of the following:
( a ) services for the care and treatment of such persons in
hospitals;
( b ) centres or other facilities for training or occupation,
and the equipment and maintenance of such centres; 
( c ) any ancillary or supplementary services for or for the
benefit of any such persons.
Power to make 
regulations in 
respect of 
hospitals, etc.
5. (1) The Minister may make regulations as to the
organization, management and conduct of any hospital and of any
other premises in which facilities for training or occupation are
provided in respect of or in relation to persons referred to in article
4 of this Act.
(2) Without prejudice to the generality of the foregoing, any
such regulations may in particular confer upon any officer of the
Department of Health or on such other person as may be
prescribed, such powers of inspection as may be prescribed by the
regulations.
Licence to manage 
mental nursing 
homes. 
Amended by: 
XIII. 1983.5.
6. (1) No person shall keep or manage a mental nursing home
without a licence issued by the Superintendent of Public Health,
and no such licence shall be issued unless the relative premises
have been registered with the said Superintendent as a mental
nursing home.
(2) Any person who keeps or manages a mental nursing home
without a licence issued under this article shall be guilty of an
offence and shall be liable, on conviction, to a fine ( multa ) not
exceeding five hundred liri and to a fine ( multa ) not exceeding five
liri for each day during which the offence continues.
Conditions for 
registration and for 
management and 
conduct of mental 
nursing homes.
7. (1) The Minister may make regulations providing for the
conditions of registration and for the management and conduct of
mental nursing homes.
(2) Without prejudice to the generality of the foregoing, such
regulations may in particular make any provisions the Minister may
deem appropriate in respect of - 
( a ) the type of nursing or other medical treatment to be
provided in such homes;
( b ) the form and content of applications for registration; 
( c ) the issue, form and content of certificates of
registration;
( d ) the facilities and services to be provided in such
homes; and
                         MENTAL HEALTH g CAP. 262.        5
( e ) any other matter ancillary to or connected with any of
the matters aforesaid.
Special provisions 
as to registration of 
mental nursing 
homes.
8. (1) Any application for the registration of a mental nursing
home shall specify whether or not it is proposed to receive therein
patients who are liable to be detained under the provisions of this
Act.
(2) It shall be a condition of the registration of any mental
nursing home that the number of persons kept at any one time in the
home (excluding the persons managing or employed in the home
and their families) does not exceed such number as may be
specified in the certificate of registration, and, without prejudice to
the foregoing provisions, the registration may be effected subject to
such conditions (to be specified in the certificate) as the
Superintendent of Public Health may consider appropriate for
regulating the age, sex or other category of persons who may be
received in the home.
Offences against 
articles 7 and 8 of 
this Act. 
Amended by: 
XIII. 1983.5.
9. (1) Any person who fails to comply with any provision of
any regulation made under article 7 (other than a regulation made
in respect of matters referred to subarticle (2)( b ) or ( c ) thereof) or
with any condition imposed by or under article 8 shall be guilty of
an offence and shall be liable, on a first conviction, to a fine
( multa ) not exceeding five liri and, on a second or subsequent
conviction, to a fine ( multa ) not exceeding twenty liri and in the
case of a continuing offence to a fine ( multa ) not exceeding two liri
for each day during which the offence continues.
(2) Where a person is convicted more than once under this
article, the Superintendent of Public Health may cancel any licence
issued by him under this Act in favour of such person.
Inspection of 
mental nursing 
homes.
10. (1) Any person authorised in that behalf by the
Superintendent of Public Health may at any time, after producing
(if so requested) some duly authenticated document showing that
he is so authorised, enter and inspect any premises which are used,
or which are reasonably suspected by him to be used, as a mental
nursing home, and may require the production of and inspect any
records kept therein, other than records relating to the treatment of
particular patients.
(2) A person authorised under subarticle (1) to inspect a mental
nursing home may visit and interview in private any mentally
disordered patient in the home - 
( a ) for the purpose of investigating any complaint as to his
treatment made by or on behalf of the patient; or
( b ) in any case where the person so authorised has
reasonable cause to believe that the patient is not
receiving proper care;
and where the person so authorised is a medical practitioner, he
may examine the patient in private and require the production of
and inspect any medical records relating to treatment of the patient
in the nursing home.
  6      CAP. 262. h                MENTAL HEALTH
Continuance in 
force of licence on 
cancellation or 
death.
11. (1) Where any licence issued in favour of any person with
respect to any mental nursing home has been cancelled under the
provisions of article 9 and, at the time of the cancellation, there is
at that home any patient liable to be detained in the home under any
of the provisions of this Act, the licence shall, notwithstanding its
cancellation, continue in force for a period of two months from the
date of cancellation or until every such patient has ceased to be so
liable, whichever first occurs.
(2) Where any person licensed under article (not being one of
two or more persons licensed in respect of the same mental nursing
home) dies and, at the time of his death, there is at the relative
mental nursing home any patient liable to be detained therein under
any of the provisions of this Act, the relative licence shall continue
in force for the benefit of any person approved by the
Superintendent of Public Health until the expiration of two months
from that death, or until every such patient has ceased to be so
liable, or until a person other than the deceased has been so
licensed, whichever first occurs.
Applicability of 
certain articles to 
residential homes.
12. The provisions of article 6(1), article 7(2)( b ), ( c ), ( d )   and
( e ), article 8(2), article 9 and article 10(1) shall apply  mutatis
mutandis  to residential homes for mentally disordered persons.
Powers of entry 
and inspection by 
mental welfare 
officer.
13. A mental welfare officer may, at all reasonable times, after
producing (if so requested) some duly authenticated document
showing that he is such an officer, enter and inspect any premises
(not being a hospital) in which a mentally disordered person is
living, if he has reasonable cause to believe that the patient is not
under proper care.
PART III 
COMPULSORY ADMISSION TO HOSPITAL
Compulsory 
admission for 
observation or for 
treatment.
14. (1) A patient may be admitted to a hospital, and there
detained for such period or periods as are specified in this Act, - 
( a ) for observation, in pursuance of an application for that
purpose (in this Act referred to as an application for
admission for observation), or
( b ) for treatment, in pursuance of an application for that
purpose (in this Act referred to as an application for
admission for treatment),
made in each case in accordance with the following provisions of
this article.
(2) An application for admission under this article may be
made in respect of a patient on the grounds - 
( a ) that he is suffering from mental disorder of a nature or
degree which warrants the detention of the patient in a
hospital; and
( b ) that it is necessary that he be so detained in the
                         MENTAL HEALTH g CAP. 262.        7
interests of his own health or safety or with a view to
the protection of other persons.
(3) An application for admission under this article shall be
founded on the written recommendations in the prescribed form,
given either jointly or separately by two medical practitioners,
including in each case a statement that in the opinion of the
practitioner the conditions set out in subarticle (2)( a )   and   ( b ) are
complied with:
Provided that, in the case of an application for admission
for treatment, the two medical practitioners shall give detailed
reasons for their opinion and must specify whether other methods
of dealing with the patient are available and, if so, why such
methods are not appropriate.
(4) Nothing in this article contained shall preclude a patient
admitted to a hospital in pursuance of an application for admission
for observation from receiving such medical treatment as the
responsible medical officer considers appropriate.
Compulsory 
admission for 
observation in case 
of emergency.
15. (1) In any case of urgent necessity, a patient may be
admitted to a hospital for observation and there detained for such
period and under such conditions as are specified in this article, in
pursuance of an application made in accordance with the following
provisions of this article, and any such application is in this Act
referred to as an emergency application.
(2) An emergency application shall include a statement by the
applicant (to be verified by the medical recommendation first
referred to in subarticle (3)) that it is of urgent necessity for the
patient to be admitted and detained for observation under article 14,
and that compliance with the other provisions of this Part of this
Act relating to applications for admission for observation would
involve undesirable delay.
(3) An emergency application shall be sufficient if founded on
one of the medical recommendations required by article 14, given,
if practicable, by a practitioner who has previous acquaintance with
the patient and otherwise complying with the requirements of
article 17 of this Act so far as applicable to a single
recommendation, but shall cease to have effect on the expiration of
a period of seventy-two hours from the time when the patient is
admitted to the hospital unless - 
( a ) the second medical recommendation required by
article 14 is given and received by the manager within
that period; and
( b ) that recommendation and the recommendation first
referred to in this subarticle together comply with all
the requirements of article 17.
General provisions 
as to applications.
16. (1) Subject to the provisions of this article, an application
for the admission of a patient to a hospital may be made either by
the nearest relative of the patient or by a mental welfare officer, and
an application under article 15 in respect of a patient who is serving
a sentence of imprisonment as defined in article 44(4) may also be
  8      CAP. 262. h                MENTAL HEALTH
made by the Director of Prisons; and every such application shall
be addressed to the manager of the hospital to which admission is
sought and shall specify the qualification of the applicant to make
the application.
(2) An application for admission for treatment shall not be
made by a mental welfare officer if the nearest relative of the
patient has in writing notified that officer or the Superintendent of
Public Health that he objects to the application being made, and,
without prejudice to the foregoing provision, shall not be made by
such officer except after consultation with the person (if any)
appearing to be the nearest relative of the patient unless it appears
to that officer that in the circumstances such consultation is not
reasonably practicable or would involve unreasonable delay.
(3) No application for the admission of a patient shall be made
by any person unless that person has personally seen the patient
within the period of fourteen days, or, in the case of an emergency
application, of three days, in either case ending with the date of the
application.
General provisions 
as to medical 
recommendations.
17. (1) The recommendations required for the purposes of an
application for the admission of a patient under this Part of this Act
(in this Act referred to as "the medical recommendations") shall be
given by medical practitioners who have personally examined the
patient either together or at an interval of not more than three days.
(2) Of the medical recommendations given for the purposes of
any such application, one shall be given by a practitioner whose
name appears on a list, approved by the Minister after consultation
with the Medical Council, of medical practitioners having special
experience in diagnosis or treatment of mental disorder; and, unless
that practitioner has previous acquaintance with the patient, the
other such recommendation shall, if practicable, be given by a
medical practitioner who has such previous acquaintance.
(3) A medical recommendation for the purposes of an
application for the admission of a patient under this Part of this Act
shall not be given by any of the following persons, namely:
( a ) the applicant;
( b ) a partner of the applicant or of a practitioner by whom
another medical recommendation is given for the
purposes of the same application;
( c ) a person employed by the applicant or by any such
practitioner as aforesaid;
( d ) a person who receives or has an interest in the receipt
of any payments made on account of the maintenance
of the patient; or
( e ) the husband or wife, or a relative by consanguinity or
affinity up to the second degree of the patient, of any
such person as aforesaid, or of a practitioner by whom
another medical recommendation is given for the
purpose of the same application.
                         MENTAL HEALTH g CAP. 262.        9
Applications in 
respect of patients 
already in hospital.
18. (1) Where a patient is already an in-patient in a hospital,
but is not liable to be detained therein under the foregoing
provisions of this Part of this Act, an application may, this
notwithstanding, be made for his admission to that hospital for
observation or for treatment.
(2) Where a patient is already an in-patient in a hospital, liable
to be detained therein having been admitted to that hospital for
observation, an application may, this notwithstanding, be made for
his admission thereto for treatment.
(3) Where an application is made under the provisions of
subarticle (1) or of subarticle (2), the patient shall be treated, for
the purposes of this Part of this Act, as if he had been admitted to
the hospital at the time when that application was received by the
manager.
(4) Without prejudice to the provision of subarticle (1), where a
patient is already an in-patient in a hospital, but is not liable to be
detained therein under this Part of this Act, if it appears to the
medical practitioner in charge of the treatment of the patient that an
application ought to be made under this Part of this Act for the
admission of the patient to hospital for observation or for
treatment, he may furnish to the manager a report in writing to that
effect; and in any such case the patient may be detained in the
hospital for a period of three days beginning with the day on which
the report is so furnished.
Effect of 
application for 
admission.
19. (1) An application for the admission of a patient to a
hospital under this Part of this Act, duly completed in accordance
with the foregoing provisions of this Part of this Act, shall be
sufficient authority for the applicant, or any person authorised by
him in writing, to take the patient and convey him to the hospital at
any time within the period of fourteen days beginning with the date
appearing on the medical recommendation last given for the
purposes of the application as the date on which the patient was last
examined by the medical practitioner before giving that
recommendation:
Provided that, in the case of an emergency application, such
period shall be of two days beginning with the date appearing on
the medical recommendation first referred to in article 15(3) as the
date on which the patient was last examined by the medical
practitioner before giving that recommendation.
(2) Where a patient is admitted within the said period to the
hospital specified in such an application or, being already an in-
patient in that hospital, is treated by virtue of article 18 as if he had
been so admitted, the application shall be sufficient authority for
the manager to detain the patient in the hospital in accordance with
the provisions of this Act.
(3) A patient who is admitted to a hospital in pursuance of an
application for admission for treatment may apply to the Mental
Health Review Tribunal within the period of six months beginning
with - 
( a ) the day on which he is so admitted, or
  10      CAP. 262. h                MENTAL HEALTH
( b ) in the case of a child who is so admitted before having
attained the age of sixteen years, the day on which he
has attained such age,
whichever is the later.
(4) Where a patient is admitted to a hospital in pursuance of an
application for admission for treatment, any previous application
under this Part of this Act by virtue of which he was liable to be
detained in a hospital under this Act shall cease to have effect.
Rectification of 
application and 
recommendations.
20. (1) Any application for admission for observation or for
treatment, or any medical recommendation given for the purposes
of any such application, may, within fourteen days beginning with
the day on which a patient has been admitted to a hospital in
pursuance of any such application, and with the consent of the
manager of that hospital, be amended by the person by whom it was
signed if found to be incorrect or defective; and such an application
or medical recommendation shall have effect and shall be deemed
to have had effect as if it had originally been made or given as so
amended.
(2) Without prejudice to the provisions of subarticle (1), if
within the period therein mentioned it appears to the manager of the
hospital that one of the two medical recommendations on which an
application for the admission of a patient is founded is insufficient
to warrant the detention of the patient in pursuance of the
application, he may, within that period, give notice in writing to
that effect to the applicant and thereupon such medical
recommendation shall be disregarded:
   Provided that if, within the said period, - 
( a ) a fresh medical recommendation complying with the
relevant provisions of this Part of this Act (other than
the provisions relating to the interval between
examinations) is given to the manager; and
( b ) that recommendation, and the other recommendation
on which the application is founded, together comply
with those provisions,
the application shall be, and shall be deemed always to have been,
sufficient.
(3) Where the medical recommendations upon which an
application for admission is founded are, taken together,
insufficient to warrant the detention of the patient in pursuance of
the application, a notice under subarticle (2) may be given to the
applicant in respect of either of those recommendations and the
provisions of that subarticle shall apply as if that recommendation
were insufficient for the purpose aforesaid.
(4) Nothing in this article shall be construed as authorising the
giving of notice in respect of an emergency application, or the
detention of a patient admitted in pursuance of such an application,
after the period of seventy-two hours referred to in article 15(3),
unless the conditions set out in paragraphs   ( a )   and   ( b ) of that
subarticle are complied with or would be complied with apart from
                         MENTAL HEALTH g CAP. 262.        11
any error or defect to which this article applies.
Duration of 
authority for 
detention.
21. (1) Subject to the following provisions of this Part of this
Act, a patient admitted to hospital in pursuance of an application
for admission for observation may be detained for a period not
exceeding twenty-eight days beginning with the day on which he is
so admitted, but shall not be detained thereafter unless, before the
expiration of that period, he has become liable to be detained by
virtue of a subsequent application, order or direction under any
provision of this Act, not being an application for admission for
observation.
(2) Subject to the following provisions of this Part of this Act,
a patient admitted to hospital in pursuance of an application for
admission for treatment may be detained in a hospital for a period
not exceeding one year beginning with the day on which he was so
admitted, but shall not be so detained for any longer period unless
the authority for his detention is renewed under the following
provisions of this article.
(3) Authority for the detention of a patient as is referred to in
subarticle (2) may, unless the patient has been discharged
previously, be renewed under the following provisions of this
article for a further period of one year from the expiration of the
period referred to in the said subarticle and, thereafter, for further
periods of two years at a time.
(4) Within the period of two months ending on the day on
which a patient who is liable to be detained in pursuance of an
application for admission for treatment would cease under this
article to be so liable in default of the renewal of the authority for
his detention, it shall be the duty of the responsible medical officer
to examine the patient; and, if it appears to the said officer that, in
the interests of the patient’s health or safety or for the protection of
other persons, it is necessary that the patient should continue to be
so liable to be detained, he shall furnish to the manager of the
hospital where the patient is liable to be detained a report to that
effect in the prescribed form.
(5) Where a report is duly furnished under subarticle (4), the
authority for the detention of the patient shall be thereby renewed
for the period prescribed in that case by subarticle (3).
(6) Where a report under subarticle (4) is furnished in respect
of a patient who has attained the age of sixteen years, the manager
shall, unless he discharges the patient, cause him to be informed as
early as practicable, and the patient may, within the period for
which the authority for his detention is renewed by virtue of that
report, apply to the Mental Health Review Tribunal.
Correspondence of 
patients.
22. (1) Any postal article addressed to a patient detained in a
hospital under this Part of this Act may be withheld from the
patient if, in the opinion of the responsible medical officer, the
receipt of the article would be calculated to interfere with the
treatment of the patient or to cause him unnecessary distress; and
any article so withheld shall, if the name and address of the sender
are sufficiently identified therein, be returned to him.
  12      CAP. 262. h                MENTAL HEALTH
(2) Subject to the following provisions of this article, any
postal article addressed by a patient so detained and delivered by
him for despatch may be withheld by the manager of the hospital - 
( a ) if the addressee has given notice in writing to the
manager of the hospital or to the responsible medical
officer requesting that communications addressed to
him by the patient should be withheld; or
( b ) if it appears to such manager or officer that the postal
article would be unreasonably offensive to the
addressee, or is defamatory of other persons (other
than persons on the staff of the hospital) or would be
likely to prejudice the interests of the patient:
Provided that the provisions of this subarticle shall not
apply to any postal article addressed to -
(i) any member of the House of Representatives; 
(ii) the manager of the hospital;
(iii) any other authority or person having power to
discharge the patient under this Part of this Act;
or
(iv) the Mental Health Review Tribunal, at any time
when the patient is entitled to make application
to the said Tribunal:
Provided further that the Minister may, by regulations,
except from the provisions of this subarticle, subject to such
conditions or limitations as may be prescribed by the regulations,
postal articles addressed to such other classes of persons as may be
so prescribed.
(3) Neither the manager nor a responsible medical officer shall
open or examine the contents of any postal article for the purpose
of subarticle (2)( b ) unless the responsible medical officer is of
opinion that the patient is suffering from mental disorder of a kind
calculated to lead him to send such communications as are referred
to in that paragraph.
(4) In this article, "postal article" means any letter, postcard,
package, newspaper, printed matter, parcel or other article or thing
whatsoever transmissible by post, in any case whether it is in fact
transmitted by post or delivered or sent by hand, and includes a
telegram and a telex.
(5) The provisions of this article shall apply notwithstanding
any provision to the contrary contained in any other enactment. 
Visiting and 
examination of 
patients.
23. For the purpose of advising whether an application to the
Mental Health Review Tribunal should be made by or in respect of
a patient who is liable to be detained in a hospital under this Part of
this Act, or of furnishing information as to the condition of a
patient for the purposes of such an application, or of advising as to
the exercise by the nearest relative of any such patient of any power
to order his discharge, any medical practitioner authorised by or on
behalf of the patient or other person who is entitled to make or has
made the application, or by the nearest relative of the patient, as the
                         MENTAL HEALTH g CAP. 262.        13
case may be, may, at any reasonable time, visit, interview and
examine the patient in private and, for such purpose, may require
the production of and may inspect any documents relating to the
detention of the patient and any other medical records relating to
the treatment of the said patient.
Leave of absence 
from hospital.
24. (1) Subject to the following provisions of this article, the
responsible medical officer may grant to any patient who is for the
time being liable to be detained in that hospital under this Part of
this Act leave to be absent from the hospital subject to such
conditions, if any, as he may consider necessary in the interests of
the patient or for the protection of other persons.
(2) Such leave may be granted to a patient under this article
either indefinitely or for a specified period or on specified
occasions and, where leave is so granted for a specified period, that
period may be extended by further leave.
(3) Where it appears to the responsible medical officer that it is
necessary so to do in the interests of the patient or for the
protection of other persons, he may, upon granting leave of absence
under this article, direct that the patient remain in custody during
his absence; and in any such case the patient shall remain in the
custody of the nearest relative, or of such other person designated
in writing by the manager of the hospital, as the said manager may
direct.
(4) Where a patient is absent from a hospital in pursuance of
leave of absence granted under this article, and it appears to the
responsible medical officer that it is necessary so to do in the
interests of the patient’s health or safety or for the protection of
other persons, that officer may, subject to the provisions of
subarticle (5), by notice in writing given to the patient and to the
person for the time being in charge of the patient (if any), revoke
the leave of absence and recall the patient to the hospital.
(5) A patient to whom leave of absence is granted under this
article shall not be recalled under subarticle (4) after he has ceased
to be liable to be retained under this Part of this Act.
(6) The Minister may make regulations providing for the
exercise by the nearest relative or other person in whose custody a
patient is placed during his leave of absence (in this Act referred to
as the person for the time being in charge of the patient) of such
powers as he may deem appropriate and for imposing on such
persons such duties as he may consider necessary or expedient in
the interest of the patient, and such regulations may in particular
make provision for requiring the patient to be visited by mental
welfare officers or other person on such occasions or at such
intervals as may be prescribed by the regulations:
   Provided that nothing in any such regulation shall be construed
as affecting the powers of the manager of the hospital or of the
responsible medical officer under this Act.
Return of patients 
absent without 
leave.
25. (1) Where a patient who is for the time being liable to be
detained under this Part of this Act in a hospital -
  14      CAP. 262. h                MENTAL HEALTH
( a ) is absent from the hospital without leave granted under
article 24; or
( b ) fails to return to the hospital on any occasion on
which, or at the expiration of any period for which,
leave of absence was granted to him under that article,
or upon being recalled thereunder; or
( c ) is absent without permission from any place where he
is required to reside in accordance with conditions
imposed on the grant of leave of absence under that
article,
he may be taken into custody and returned to the hospital or place
by any mental welfare officer, by any officer of the staff of the
hospital, by any Police officer, or by any person authorised in
writing by the manager of the hospital.
(2) In this Act "absent without leave" means absent from a
hospital or other place and liable to be taken into custody and
returned under this article, and kindred expressions shall be
construed accordingly.
Special provisions 
as to patients 
absent without 
leave.
26. (1) If, at any time within the period of one week ending
with the day on which, apart from this article, a patient would cease
to be liable to be detained under this Part of this Act, the patient is
absent without leave, he shall not cease to be so liable until the
expiration of sixty days beginning with the first day of his absence
without leave or, if he is returned or returns himself to the hospital
or place where he ought to be prior to the expiry of such period,
until the expiry of one week beginning with the day of such return.
(2) Where the period for which a patient is liable to be detained
is extended by virtue of this article, any examination and report to
be made and furnished under article 21(4) may be made and
furnished within that period as so extended.
(3) Where the authority for the detention of a patient is
renewed by virtue of this article after the day on which, apart from
this article, that authority would have expired under article 21, the
renewal shall take effect as from that day.
Regulations as to 
transfer of patients.
27. (1) In such circumstances and subject to such conditions
as may be prescribed by regulations made by the Minister under
this article, a patient who is for the time being liable to be detained
in a hospital by virtue of an application under this Part of this Act
may be transferred to another hospital.
(2) Where a patient, being liable to be detained in a hospital by
virtue of an application for admission for observation or for
treatment, is transferred to another hospital in pursuance of
regulations made under this article, the provisions of this Part of
this Act shall apply to him as if the application were an application
for admission to that other hospital and as if the patient had been
admitted to that other hospital at the time when he was originally
admitted in pursuance of the application.
(3) Regulations made under this article may make provision for
                         MENTAL HEALTH g CAP. 262.        15
regulating the conveyance to their destination of patients
authorised to be transferred in pursuance of the regulations.
Discharge of 
patients.
28. (1) Subject to the provisions of this article and of article
29, a patient who is for the time being liable to be detained under
this Part of this Act shall cease to be so liable if an order in writing
discharging him from detention (in this Act referred to as an order
for discharge) is made in accordance with the following provisions
of this article.
(2) An order for discharge may be made in respect of a patient -
( a ) where the patient is liable to be detained in a hospital
in pursuance of an application for admission for
observation, by the responsible medical officer or by
the manager of the hospital; and
( b ) where the patient is liable to be detained in a hospital
in pursuance of an application for admission for
treatment, by the responsible medical officer, by the
manager of the hospital or by the nearest relative of
the patient.
(3) Where the patient is liable to be detained in a mental
nursing home in pursuance of an application for admission for
observation or for treatment, an order for his discharge may,
without prejudice to the provisions of subarticle (2), be made by the
Superintendent of Public Health.
Restrictions on 
discharge by 
nearest relative.
29. (1) An order for the discharge of a patient who is liable to
be detained in a hospital for treatment shall not be made by his
nearest relative except after giving not less than seventy-two hours
notice in writing to the manager of the hospital; and if, within
seventy-two hours after such notice has been given, the responsible
medical officer furnishes to the manager a report that in the opinion
of that officer the patient, if discharged, would be likely to act in a
manner dangerous to himself or to other persons, - 
( a ) any order for the discharge of the patient made by that
relative in pursuance of the notice shall be of no effect;
and
( b ) no further order for the discharge of the patient shall
be made by that relative during the period of six
months beginning with the date of the report.
(2) In any case where a report under subarticle (1) is furnished
in respect of a patient, the manager of the hospital shall cause the
nearest relative of the patient to be informed, and that relative may,
within the period of twenty-eight days beginning with the day on
which he is so informed, apply to the Mental Health Review
Tribunal in respect of the patient.
Definition of 
relative and nearest 
relative.
30. (1) In this Part of this Act, "relative" means any of the
following, namely:
( a ) the husband or wife;
( b ) the son or daughter; 
  16      CAP. 262. h                MENTAL HEALTH
( c ) the father;
( d ) the mother;
( e ) the brother or sister;
( f ) the grandparent;
( g ) the grandchild;
( h ) the uncle or aunt;
( i ) the nephew or niece.
Cap. 16.
(2) For the purposes of this article, the relationship of an
adopted person shall be the same as is provided in article 121 of the
Civil Code and, subject as aforesaid, any relationship of the half-
blood shall be treated as a relationship of the whole blood and an
illegitimate person shall be treated as the legitimate child of the
parent by whom he was recognized and, if that person was
recognized by both parents, as the child of the father.
(3) In this Part of this Act, subject to the provisions of this
article and to the following provisions of this Part of this Act,
"nearest relative" means the person first described in subarticle (1)
who is for the time being surviving, relatives of the whole blood
being preferred to relatives of the same description of the half-
blood and the elder or eldest of two or more relatives described in
any paragraph of that subarticle being preferred to the other or
others of those relatives, in any case regardless of sex.
(4) Where the person who, under subarticle (3), would be the
nearest relative of a patient - 
( a ) is not ordinarily resident in Malta; or
( b ) being the husband or wife of the patient, is
permanently separated from the patient, either by a
judgment or by mutual consent authorised by a decree,
in either case given by the competent court, or has
deserted or has been deserted by the patient for any
period which has not come to an end; or
( c ) not being the husband, wife, father or mother of the
patient, is for the time being under eighteen years of
age; or
( d ) is a person who has been divested by any court in
Malta of authority over the patient and has not been
reinstated; or
( e ) has been found guilty by a court in Malta of a sexual
offence with a patient or of incest,
the nearest relative of the patient shall be ascertained as if that
person were dead.
Cap. 16.
(5) Where a person of minor age is placed under the tutorship
of any person by a decree of the competent court, the person
appointed or confirmed as tutor, as the case may be, shall be
deemed to be the nearest relative of the patient in preference to any
other person except the mother of the patient, unless the mother had
not been appointed tutrix in view of article 163( c ), ( e ) or ( f ) of the
                         MENTAL HEALTH g CAP. 262.        17
Civil Code:
   Provided that the provisions of this subarticle shall not apply
where the minor has contracted marriage notwithstanding that the
court shall not have released the minor from tutorship in
accordance with the provision of article 158 of the said Code.
Appointment by 
court of acting 
nearest relative.
31. (1) The Civil Court, Second Hall, may, upon application
made to it in accordance with the provisions of this article in
respect of a patient, by decree direct that the functions under this
Part of this Act of the nearest relative of the patient shall, during
the continuance in force of the decree, be exercisable by the
applicant, or by any other person whether specified in the
application or not, in any case being a person who, in the opinion of
the court, is a proper person to act as the patient’s nearest relative
and is willing to do so.
(2) A decree under this article may be made by the court on the
application of - 
( a ) any relative of the patient;
( b ) any other person with whom the patient is residing (or,
if the patient is then an in-patient in a hospital, was
last residing before he was admitted); or
( c ) a mental welfare officer.
(3) An application under this article may be made upon any of
the following grounds, namely:
( a ) that the patient has no nearest relative, or that it is not
reasonably practicable to ascertain whether he has
such a relative, or who that relative is;
( b ) that the nearest relative of the patient is incapable of
acting as such by reason of mental disorder or other
illness;
( c ) that the nearest relative of the patient unreasonably
objects to the making of an application for admission
for treatment in respect of the patient; or
( d ) that the nearest relative of the patient has exercised
without due regard to the welfare of the patient or the
interests of the public his power to discharge the
patient from hospital under this Part of this Act, or
appears likely to do so.
(4) If immediately before the expiration of the period for which
a patient is liable to be detained by virtue of an application for
admission for observation, an application under this article, being
an application made on the ground specified in paragraph ( c ) or ( d )
of the last foregoing subarticle, is pending in respect of the patient,
that period shall be extended - 
( a ) in any case, until the application under this article has
been disposed of by the said court; and
( b ) if the application is allowed by the court, for a further
period of seven days.
  18      CAP. 262. h                MENTAL HEALTH
(5) While a decree under this article is in force, the provisions
of this Part of this Act (other than this article and article 32) shall
apply in relation to the patient as if for any reference to the nearest
relative of the patient there were substituted a reference to the
person having the functions of that relative and (without prejudice
to the provisions of article 33) shall so apply notwithstanding that
the person who was the patient’s nearest relative when the decree
was made is no longer his nearest relative.
(6) Where a decree is made under this article in respect of a
patient who is or subsequently becomes liable to be detained under
this Part of this Act, the nearest relative of the patient may make an
application to the Mental Health Review Tribunal in respect of the
patient within the period of twelve months beginning with the date
of the decree and in any subsequent period of twelve months during
which the decree remains in force.
Revocation and 
variation of orders 
made under article 
31.
32. (1) A decree made by the court under article 31 in respect
of a patient may be revoked by the court upon an application made
- 
( a ) in any case, by the person having the functions of the
nearest relative of the patient by virtue of that decree;
or
( b ) where the decree was made on the ground specified in
article 31(3)( a ) or ( b ), or where the person who was
the nearest relative of the patient when the decree was
made has ceased to be his nearest relative, by the
nearest relative of the patient.
(2) A decree made under the said article 31 in respect of a
patient may be varied by the said court, on the application either of
the person having the functions of the nearest relative by virtue of
the decree or of a mental welfare officer, by substituting for the
person having the said functions of a nearest relative any other
person who in the opinion of the court is a proper person to
exercise those functions and who is willing to do so.
(3) If any person having the functions of the nearest relative of
a patient by virtue of a decree under the said article 31 dies, such
functions shall thereupon vest in the mental welfare officer
responsible for the district in which the patient resides, and such
officer shall, within two days from the death of that person or from
the day in which such death shall have come to his knowledge,
whichever shall be the later date, file an application before the said
court in terms of subarticle (2).
(4) A decree made under the said article 31 shall, unless
previously revoked under subarticle (1), cease to have effect - 
( a ) if the patient was on the date of the decree liable to be
detained in pursuance of an application for admission
for treatment under this Part of this Act, or being so
liable within the period of three months beginning
with that date, when he ceases to be so liable
(otherwise than on being transferred in pursuance of
article 27); or
                         MENTAL HEALTH g CAP. 262.        19
( b ) if the patient was not on the date of the order, and has
not within the period aforesaid become, so liable, at
the expiration of that period.
Duty of mental 
welfare officer to 
make applications.
33. (1) Subject to the provisions of article 16(2), it shall be the
duty of a mental welfare officer to make an application for
admission to hospital in respect of a patient in any case where he is
satisfied that such an application ought to be made and is of
opinion, having regard to any wishes expressed by relatives of the
patient or any other relevant circumstances, that it is necessary or
proper for the application to be made by him.
(2) Nothing in this article shall be construed as restricting the
power of a mental welfare officer to make any application under
this Act.
Power to make 
regulations for 
purposes of this 
Part of this Act.
34. (1) The Minister may make regulations for prescribing
anything which, under this Part of this Act, is required or
authorised to be prescribed, and otherwise for carrying this Part of
this Act into full effect.
(2) Without prejudice to the generality of the foregoing, any
regulations made under this article may in particular -
( a ) prescribe the form of any application,
recommendation, report, order, notice or other
document to be made or given under this Part of this
Act;
( b ) prescribe the manner in which any such application,
recommendation, report, order, notice or other
document may be proved, and provide for regulating
the service of any such application, report, order,
notice or other document;
( c ) provide for requiring the managers of hospitals to keep
such registers and other records as may be prescribed
by the said regulations in respect of patients liable to
be detained under this Part of this Act, and to furnish
or make available to those patients and to their
relatives such written statements of their rights and
powers under this Act as may be so prescribed; and
( d ) provide for the determination of the age of any person
whose exact age cannot be ascertained by reference to
the registers of acts of birth kept by the Director of the
Public Registry.
(3) Without prejudice to the foregoing provisions of this
article, regulations under this article may determine the manner in
which functions under this Part of this Act of the managers of
hospitals are to be exercised and such regulations may in particular
specify the circumstances in which, and the conditions subject to
which, any such functions may be performed by officers of or other
persons acting on behalf of those managers.
Power of Minister 
to refer to Tribunal.
35. The Minister may, if he thinks fit, at any time refer to the
Mental Health Review Tribunal the case of any patient who is
  20      CAP. 262. h                MENTAL HEALTH
liable to be detained under this Part of this Act.
Applicability of the 
provisions of this 
Part to mental 
nursing.
36. Except where otherwise expressly provided, this Part of
this Act applies in relation to a mental nursing home, being a home
registered for the reception of patients liable to be detained therein
under the provisions of this Act, as it applies in relation to a
hospital, and references in this Part of this Act to a hospital, and
any reference in this Act to a hospital to which this Part of this Act
applies, shall be construed accordingly.
Extension of 
provisions of the 
Act to persons 
interdicted or 
homes 
incapacitated by a 
court.
37. (1) The Minister may make regulations extending to any
person interdicted or incapacitated by a court in Malta on any
ground other than prodigality any one or more of the provisions of
this Act as if any such person were a person liable to be detained in
a hospital under this Part of this Act, and may so extend any such
provision in such manner, subject to such conditions, limitations
and qualifications and with modifications and adaptations as he
may deem appropriate; and where any such provision is so
extended it shall, subject as aforesaid, apply to a person interdicted
or incapacitated as if he were a person liable to be detained in a
hospital under this Part of this Act.
(2) Regulations under this article may make different provision
for persons interdicted and for persons incapacitated and for other
different cases or different purposes.
Mental Health 
Review Tribunal.
Amended by:
VI.2001.13.
38. (1) There shall be a Mental Health Review Tribunal (in
this Act also referred to as the Tribunal) which shall consist of a
chairman, who shall be a person who is qualified to hold or has
held the office of judge of the superior courts, and of two other
members of whom one shall be a person possessing such medical
qualifications and experience as the Minister may deem appropriate
for the purpose.
(2) The members of the Tribunal shall be appointed by the
Minister, and shall hold and vacate office under the terms of the
instrument under which they are appointed, but may resign office
by notice in writing to the Minister; and any member who ceases to
hold office shall be eligible for re-appointment.
(3) There shall be a secretary to the Tribunal, who shall be a
public officer designated for the purpose by the Minister.
(4) Whenever a member of the Tribunal is absent or cannot for
any reason sit on the Tribunal, or it is not proper for him so to sit,
the Minister may appoint another person to act in his stead.
Functions and 
powers of the 
Tribunal.
39. (1) It shall be the function of the Tribunal to consider and
determine or otherwise deal with applications made to it under this
Part of this Act and to deal with cases referred to it under this Act
in such manner as the reference may require.
(2) Where application is made to the Tribunal by or in respect
of a patient who is liable to be detained under this Part of this Act,
the Tribunal may in any case direct that the patient be discharged,
and shall so direct if they are satisfied - 
( a ) that he is not then suffering from mental disorder; or 
                         MENTAL HEALTH g CAP. 262.        21
( b ) that it is not necessary in the interests of the patient’s
health or safety or for the protection of other persons
that the patient should continue to be liable to be
detained; or
( c ) in the case of an application under article 29(2), that
the patient, if released, would not be likely to act in a
manner dangerous to other persons or to himself;
and where a direction discharging a patient is given by the
Tribunal, that person shall cease to be liable to be detained under
this Part of this Act.
(3) This article applies in relation to any reference to the
Tribunal made by the Minister under article 35 as it applies in
relation to an application made to the Tribunal by or in respect of a
patient, but subarticle (2) shall not apply in relation to any other
reference under this Act.
Applications to 
Tribunal.
40. (1) Where, under any provision of this Part of this Act, an
application to the Tribunal is authorised to be made by or in respect
of a patient, the application shall be made by notice in writing
addressed to the Secretary of the Tribunal.
(2) No application may be made to the Tribunal by or in respect
of a patient except in the cases and at the times expressly specified
in this Part of this Act; and where under any provision of this Part
of this Act an application by or in respect of a patient is authorised
to be made to the Tribunal within a specified period not more than
one such application may be made by or in respect of that patient
within that period.
Rules of 
procedure.
41. (1) The Minister responsible for justice may make rules
with respect to the making of applications to the Tribunal and with
respect to the proceedings of the Tribunal and the matters
incidental to or consequential on such proceedings.
(2) Without prejudice to the generality of the foregoing
provisions of this article, rules made under this article may in
particular make provision - 
( a ) for enabling the Tribunal to postpone the consideration
of any application by or in respect of a patient, or of
any such application of any specified class, until the
expiration of such period (not exceeding twelve
months) as may be specified in the rules from the date
on which an application by or in respect of the same
patient was last considered and determined by the
Tribunal;
( b ) for enabling the Tribunal to dispose of an application
without a formal hearing where such hearing is not
requested by the applicant or it appears to the Tribunal
that such a hearing could be detrimental to the health
of the patient;
( c ) for enabling the Tribunal to exclude members of the
public, or any specified class of members of the
  22      CAP. 262. h                MENTAL HEALTH
public, from any proceedings of the Tribunal or to
prohibit the publication of reports of any such
proceedings or the names of any persons concerned in
such proceedings;
( d ) for regulating the circumstances in which, and the
persons by whom, applicants and patients in respect of
whom applications are made to the Tribunal may, if
not desiring to conduct their own case, be represented
for the purpose of these applications;
( e ) for regulating the methods by which information
relevant to an application may be obtained by or
furnished to the Tribunal, and in particular for
authorising the members of the Tribunal, or any one or
more of them to visit and interview in private any
patient by or in respect of whom an application has
been made;
( f ) for making available to any applicant, and to any
patient in respect of whom an application is made to
the Tribunal, copies of any documents obtained by or
furnished to the Tribunal in connection with the
application, and a statement of the substance of any
oral information so obtained or furnished except where
the Tribunal considers it undesirable in the interests of
the patient or for other special reasons;
( g ) for requiring the Tribunal, if so requested in
accordance with the rules, to furnish such statements
of the reason for any decision given by the Tribunal as
may be prescribed by the rules, subject to any
provision made by the rules for withholding such a
statement from a patient or any other person in cases
where the Tribunal considers that furnishing it would
be undesirable in the interests of the patient or for
other special reasons;
( h ) for conferring on the Tribunal such ancillary powers as
may be thought necessary for the purposes of the
exercise of their functions under this Act.
(3) The foregoing provisions of this article apply in relation to
references to the Tribunal as they apply in relation to applications
to the Tribunal by or in respect of patients.
(4) Any rules under this article may be so made as to apply to
all applications or references or to applications or references of any
specified class or classes and may make different provision in
relation to applications and to references or to different cases of
reference or to other different cases or for different purposes.
                         MENTAL HEALTH g CAP. 262.        23
PART IV
PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS
Detention for 
observation of 
persons charged 
with criminal 
offence.
42. (1) Where in the course of any proceedings on the charge
of a criminal offence the question of the insanity of the accused,
whether at the time of the offence or of the proceedings, arises, the
court may, if it is of the opinion that it is necessary or expedient so
to do, order that the accused be admitted to a hospital for
observation, and may also give such other directions as may be
appropriate.
(2) Where an order is made as provided in subarticle (1), the
period of the detention of the accused shall be regulated by the
court by which the order has been made, and such order shall be
sufficient authority for the detention of the accused in hospital for
the period allowed by the court.
Cap. 220.
(3) For the purposes of this article, the expression "criminal
offence" includes a military offence under the Malta Armed Forces
Act.
Persons ordered to 
be kept in custody 
upon plea of 
insanity. 
Cap. 9.
Cap.220.
43. (1) Where an order has been made by a court of criminal
jurisdiction under article 402(4), or of article 525(3) or of article
623 of the Criminal Code or by a court martial under article 122 of
the Malta Armed Forces Act, upon a finding that the accused was
insane at the time of the offence, whether or not he is insane at the
time of the criminal proceedings, or by any other court under any
other provision of law upon similar grounds, directing that the
accused be kept in custody in a hospital, the accused shall be
conveyed to and detained and kept in custody in that hospital by
virtue of the order of the court and shall be treated as if he were a
patient liable to be detained in a hospital under Part III of this Act,
but the provisions of that Part of this Act shall apply in respect of
any such person subject to the special restrictions and other
provisions of this article.
(2) The special restrictions and other provisions referred to in
subarticle (1) are:
( a ) none of the provisions of Part III of this Act relating to
the duration, renewal and expiration of authority for
the detention of patients shall apply, and the patient
shall continue to be liable to be detained by virtue of
the order of the court until he is discharged under the
following provisions of this article;
( b ) no application or reference may be made to the Mental
Health Review Tribunal in respect of the patient under
any provision of the said Part III, and the case of the
patient may only be examined by that Tribunal on a
reference to them by the Minister responsible for
justice for advice;
( c ) the following powers, that is to say - 
  24      CAP. 262. h                MENTAL HEALTH
(i) power to grant leave of absence to the patient
under article 24;
(ii) power to transfer the patient in pursuance of
regulations made under article 27; 
(iii) and power to order the discharge of the patient
under article 28,
shall be exercisable only by the Minister responsible
for justice after such consultation with the responsible
medical officer and the manager of the hospital as he
may deem appropriate and, if the case is referred by
him to the Tribunal, after receiving the advice of the
Tribunal, and where leave of absence is granted as
aforesaid under article 24 the power to recall the
patient under that article shall be vested in the said
Minister, as well as in the responsible medical officer;
and
( d ) the power of the Minister responsible for justice to
recall the patient under the said article 24 and the
power to take the patient into custody and return him
under article 25 may be exercised at any time;
and in relation to any such patient, the provisions of Part III of this
Act shall, as the case may require, either not apply or shall have
effect subject to such exceptions and modifications as may be
necessary to give effect to the foregoing provisions of this article.
(3) Without prejudice to the generality of the foregoing
provisions of this article, in relation to a person liable to be
detained by virtue of a court order as is mentioned in subarticle
(1)- 
( a ) articles 14, 15, 16, 17, 21, 23, 26, 29, 30, 31, 32, 33,
35 and 37 shall not apply; and
( b ) in the other provisions of Part III of this Act - 
(i) references to the Minister responsible for justice
shall be substituted for, or added to, references
to persons or authorities vested with powers
made exercisable by the said Minister by this
article; and
(ii) references to the order of the court by virtue of
which the patient is liable to be detained shall be
substituted for references to other instruments
by virtue of which a patient is liable to be
detained under Part III of this Act.
(4) Where the Minister responsible for justice has made an
order discharging the patient, such patient shall thereupon cease to
be liable to be kept in custody or to be detained in a hospital.
(5) If the order made by the court under any of the provisions
referred to in subarticle (1) is made upon a finding that the accused
is insane only at the time of the proceedings, the order shall have
the like effect as is mentioned in the foregoing provisions of this
article and those provisions shall apply as if the order had been one
                         MENTAL HEALTH g CAP. 262.        25
as is referred to in subarticle (1):
Cap. 9.
Provided that where the Minister responsible for justice is
notified by the responsible medical officer or by the manager of the
hospital that the accused has recovered sufficiently to stand trial,
the said Minister may remit the accused to prison for the
continuation of the proceedings on the charge preferred against
him, subject to the application thereafter of the provisions of the
Criminal Code relating to the granting of bail.
(6) Notwithstanding any other provision of this Act, the
Minister responsible for justice may, if satisfied that the attendance
at any place in Malta of a patient liable to be detained by virtue of a
court order is desirable in the interests of justice or for the purpose
of any public enquiry or for any other public interest, direct that he
be taken to that place; and where a direction is so given the patient
shall be so taken and, unless the said Minister otherwise directs, be
kept in custody while being taken, while at that place and while
being taken back to the hospital in which he is liable to be detained.
Removal to 
hospital of persons 
serving sentences 
of imprisonment.
44. (1) If, in the case of a person serving a sentence of
imprisonment, the Minister responsible for justice is satisfied, by
reports from at least two medical practitioners one of whom shall
be a medical practitioner whose name appears on the list referred to
in article 17(2), that the said person is suffering from mental
disorder of a nature or degree which warrants the detention of the
patient in hospital for medical treatment, the said Minister may, if
he is of opinion that it is expedient so to do, direct that the person
be removed to and detained in a hospital.
(2) A direction under subarticle (1) shall be sufficient authority
for the removal to and detention in a hospital of the patient and,
subject to the following provisions of this article, such person shall,
with effect from the date of the Minister’s direction, be treated for
all purposes of this Act, as if he were ordered to be kept in custody
in a hospital by a court of criminal jurisdiction as mentioned in
article 43(1).
(3) A direction under subarticle (1) shall cease to have effect,
and the patient shall cease to be liable to be detained thereunder - 
( a ) on the expiration of the sentence of imprisonment or,
as the case may require, on the day on which, had such
person been detained or kept in custody elsewhere, he
would have ceased to be detained or kept in custody in
such other place, or
( b ) when such person is certified by two medical officers,
one of whom shall be a medical officer designated by
the Minister responsible for justice, to be no longer
suffering from such mental disorder as renders him
liable to be detained in a hospital for treatment, 
whichever shall be the earlier.
(4) References in this article to a person serving a sentence of
imprisonment include references - 
( a ) to a person detained in pursuance of any sentence
  26      CAP. 262. h                MENTAL HEALTH
restrictive of personal liberty made by a court in
criminal proceedings;
( b ) to a person who is serving a term of imprisonment or
detention or is otherwise detained or kept in custody
by order of a court of criminal jurisdiction;
( c ) to a person committed in custody to await trial;
( d ) to a person committed by a court of civil or
commercial jurisdiction to imprisonment for debt.
Power to make 
regulations for this 
Part of the Act.
45. The Minister responsible for justice may make regulations
for prescribing anything which is required or authorised to be
prescribed under this Part of this Act and otherwise for carrying
this Part of this Act into full effect.
PART V 
MISCELLANEOUS AND SUPPLEMENTAL
Where person 
liable to be 
detained is already 
in hospital.
46. Where under any provision of this Act a person is liable to
be conveyed, taken, transferred or moved to a hospital and that
person is already in that hospital, whether he is being detained
there or not, such person may be detained and kept in custody in
that hospital as if he had been conveyed, taken, transferred or
moved there under this Act.
Correspondence of 
patients not subject 
to detention.
47. Article 22 shall apply in relation to any patient who is
receiving treatment for mental disorder in hospital, having been
admitted for that purpose but not liable to be detained therein, as it
applies in relation to a patient detained in hospital under Part III of
this Act.
Provisions as to 
custody, 
conveyance and 
detention.
48. (1) Any person required or authorised by or by virtue of
this Act to be conveyed to any place or to be kept in custody or
detained in a place of safety or to any place to which he is taken
under article 43(6) shall, while being so conveyed, detained or
kept, as the case may be, be deemed to be in legal custody.
(2) In this Act "convey" includes any other expression denoting
removal from one place to another.
Arrangements for 
the removal of 
patients to and 
from foreign 
countries.
49. (1) If it appears to the Minister, in the case of a patient,
not being a citizen of Malta, who is detained in a hospital and is
liable to be so detained under Part III of this Act, that proper
arrangements have been made for the removal of the patient to a
country outside Malta and for his care and treatment there, the
Minister may in writing authorise the removal of the patient from
the hospital and may give such directions as the Minister may think
fit for the conveyance of the patient to his destination and for his
detention in that country or territory and for his detention in any
place or on board any ship or aircraft until his arrival at any
specified port or place in any such country or territory.
(2) If it appears to the Minister, in the case of a patient who is
                         MENTAL HEALTH g CAP. 262.        27
receiving treatment for mental disorder outside Malta other than a
patient ordered by a court of criminal jurisdiction to be detained in
a mental hospital upon a plea of insanity, that proper arrangements
have been made for the removal of the patient to Malta for his care
and treatment in Malta, and for his conveyance to Malta, the
Minister may direct that the patient be received in Malta and
thereupon be conveyed to a hospital, and may give such further
directions as to his detention and conveyance as the Minister may
deem appropriate.
(3) A direction under subarticle (2) shall be sufficient authority
for the conveyance, admission and detention of the patient named
in the direction, and where any such direction is given the patient
shall for all purposes be liable to be detained under Part III of this
Act and the provisions of that Part of this Act shall apply to him
accordingly.
(4) The foregoing provisions of this article shall apply to
persons detained in custody in a hospital under a court order upon a
plea of insanity as they apply to other patients subject to the
following provisions, that is to say -
( a ) the authority that may authorise the removal from
Malta, or the admission to Malta, of a patient shall be
the Minister responsible for justice, and accordingly
the foregoing provisions of this article shall apply as if
for all references in subarticles (1), (2) and (3) to the
Minister there were substituted references to the
Minister responsible for justice; and
( b ) a patient removed to Malta and admitted to a hospital
in Malta by virtue of this subarticle shall be treated as
if he were a person in respect of whom the court order
had been made by a court of criminal jurisdiction in
Malta, and the provisions of this Act shall apply to him
accordingly.
(5) Where a patient is removed from Malta under any of the
provisions of this article, the patient shall cease to be liable to be
detained in a hospital in Malta when he is duly received into a
hospital or other institution or place in pursuance of the
arrangements made for that purpose.
Further power to 
make regulations.
50. The Minister may make regulations for prescribing
anything which is required or authorised to be prescribed under any
provision of this Act and otherwise for carrying into full effect any
provision of this Act, being in each case a provision in respect of
which there is not in force a similar power to make regulations
under another provision of this Act; and without prejudice to the
generality of the foregoing and of any other powers under this Act,
regulations under this article may provide for the procedure to be
followed, and other rules and provisions of any kind to be
observed, by any body of persons established by or under this Act
or having powers exercisable under or by virtue of this Act.
Transitory 
provisions.
51. (1) Any patient who, immediately before the
commencement of Part III of this Act was detained or liable to be
  28      CAP. 262. h                MENTAL HEALTH
detained in a hospital in pursuance of any procedure then in force
shall continue to be liable to be detained in the hospital as if he had
been admitted in pursuance of an application for admission for
treatment on the date of the commencement of the said Part III and
the provisions of this Act shall apply to that patient accordingly.
(2) Where a patient to which subarticle (1) applies was,
immediately before the commencement of Part III of this Act,
absent from the hospital, on leave given in accordance with the
procedure then followed for the purpose, articles 24 and 25 shall
apply to such patients as if leave of absence had been granted under
article 24 for an indefinite period and accordingly, but subject to
article 24(5) as applied to that patient by subarticle (1), the patient
may be recalled at any time.
Cap. 9.
(3) A patient who, immediately before the commencement of
Part IV of this Act, was detained or kept or liable to be detained or
kept in custody in a hospital by virtue of an order of a court of
criminal jurisdiction, shall continue to be so detained and kept in
custody, and to be so liable, in accordance with and subject to the
appropriate provisions of this Act, as if the order were made after
the commencement of the said Part, and the provisions of this Act
shall apply to such patient accordingly; and this subarticle shall
have effect as aforesaid notwithstanding any amendment to the
Criminal Code made by this Act * .
*Article 52 of the Act as originally enacted, which incorporated amendments to the
Criminal Code, has been omitted under the Statute Law Revision Act, 1980.
