(1)If the principal officer and 2 visitors of the psychiatric institution in which a person is confined under section 249(2) or 252 certify that in his or her or 2021their judgment the person may be discharged without danger of injuring himself or herself or 2021any other person, the Minister may order him2021the person2021 to be discharged, detained in custody or in prison, or sent to a psychiatric institution if he2021the person2021 has not already been sent there.
Section history
Section 256 — Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 256 — Original text to 15 November 2022superseded
(2)If the Minister orders the person to be sent to a psychiatric institution, he2021the Minister2021 may appoint a commission consisting of a Magistrate and 2 medical officers to make formal inquiry into the person’s state of mind, taking such evidence as is necessary, and to report to the Minister, who may order the discharge or detention of the person as the Minister thinks fit.
Section 256 — From 15 November 2022 (current)rewritten by Criminal Justice Reform Act 2018
(1)If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) on any condition, may be discharged without danger of injuring himself or any other person, the Minister may —
(a)order the person to be discharged; or
(b)make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).
(2)If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody may be released on any condition (being a condition that may be imposed to minimise any risk that the person, if released, may injure himself or any other person), the Minister may —
(a)make an order under section 249(9)(c)(ii) or 252(6)(b) for the release of the person; or
(b)make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).
(3)If, pursuant to subsection (1)(b) or (2)(b) or paragraph (b)(ii), the Minister makes an order under section 249(9)(b) or (c)(i) or 252(6)(a) for the person to be confined in a psychiatric institution, a prison or any other suitable place of safe custody —
(a)the Minister may appoint a commission consisting of a Magistrate and 2 medical officers —
(i)to make formal inquiry into the person’s state of mind, taking such evidence as is necessary; and
(ii)to report to the Minister; and
(b)the Minister may, after receiving the report, as the Minister thinks fit —
(i)order the person to be discharged; or
(ii)make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).