Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
No person can be put under restraint unless the conditions required by
the Lunacy Acts are fulfilled. The Acts of Parliament for this purpose
are the Lunacy Act of 1890 (53 Vict. c. 53) and that of 1891 (54 and
55 Vict. c. 65). Lunatics may be put under restraint by the following
procedures, according to the particular case:--
Reception Order on Petition.
Urgency Order.
Order after Inquisition.
Summary Reception Order.
Order for Lunatics Wandering at Large, and for Pauper Lunatics.
Reception Order by Two Commissioners.
=Reception Order on Petition.=--This is usually the procedure for
private patients. The order for petition may be obtained from a
specially appointed Justice of the Peace, Judge of County Courts, or
Magistrate. A petition for the order must be presented to the Judicial
Authority by the husband, wife, or relative of the alleged lunatic;
if any other person apply, the reasons for this must be given. A
petitioner must be twenty-one years of age or over, and must have seen
the alleged lunatic _within fourteen days_ before its presentation. A
_statement of particulars_ and two medical certificates must accompany
the petition. The proceedings are private, and no one except the
petitioner, the alleged lunatic, and any one person appointed by
him, and the two medical men who have signed the certificates, may
be present, unless by permission of the Judicial Authority. If the
Judicial Authority be satisfied, he may make the order at once, even
without seeing the patient, or he may appoint a time within seven days
for inquiries and consideration. He may visit the alleged lunatic.
At the time of consideration of the petition he may adjourn it for not
more than fourteen days, or he may make the order at the time. He may
summon further witnesses, or dismiss the petition, giving his reasons
for so doing in writing.
A reception order is valid for seven days from its date, unless the
lunatic is certified by a medical man to be unfit for removal, when the
order is extended until a medical certificate of fitness for removal is
obtained, which is valid for three days.
The medical men signing the certificates must not be in partnership,
as principal and assistant, or have any direct or indirect interest in
the patient or his keeping (16 and 17 Vict. c. 96, sec. 4). They must
make separate visits at different times for the purpose of examination.
Each medical man must have examined the person within seven clear days
before the presentation of the petition.
Each medical man must write clearly and in the proper place on the
certificate: (1) The facts observed by himself as evidence of insanity,
and (2) the facts observed by others as evidence of insanity. The name
of his informant must be given.
One of the certificates should, whenever practicable, be under the hand
of the usual medical attendant (if any) of the alleged lunatic. If not
practicable, the reason must be given by the petitioner to the Judicial
Authority.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account