MENTAL HEALTH (JERSEY) LAW Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law

Transcription

1 MENTAL HEALTH (JERSEY) LAW 1969 Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law

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3 Mental Health (Jersey) Law 1969 Arrangement MENTAL HEALTH (JERSEY) LAW 1969 Arrangement Article PART 1 7 PRELIMINARY 7 1 Interpretation Mental Health Review Tribunal Functions of the Minister in relation to this Law Informal admission of patients PART 2 11 COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP 11 APPLICATION 11 5 Application of Part PROCEDURE FOR HOSPITAL ADMISSION 11 6 Admission for observation Admission for treatment General provisions as to applications General provisions as to medical recommendations Emergency admission A Power of nurse to detain Applications in respect of patients already in hospital Effect of application for admission Rectification of application and recommendations PROCEDURE FOR RECEPTION INTO GUARDIANSHIP Application for guardianship Provisions as to persons requiring special care Effect of guardianship application etc CARE AND TREATMENT OF PATIENTS Appointment of medical attendant Correspondence of patients Visiting and examination of patients Leave of absence from hospital Revised Edition 1 January 2017 Page - 3

4 Arrangement Mental Health (Jersey) Law Return and re-admission of patients absent without leave Provisions as to transfer of patients Transfer of guardianship in case of death, incapacity etc. of guardian DURATION OF AUTHORITY FOR DETENTION OR GUARDIANSHIP AND DISCHARGE OF PATIENTS Duration of authority Special provisions as to patients absent without leave Special provisions as to patients sentenced to imprisonment etc Discharge of patients Restrictions on discharge by nearest relative FUNCTIONS OF RELATIVES OF PATIENTS Definition of relative and nearest relative Infants in care Children and young persons in care Nearest relative of minor under guardianship, etc Discharge and variation of orders under Article SUPPLEMENTAL Duty of officer to make application for admission or guardianship PART 3 32 REMOVAL FROM AND RECEPTION INTO JERSEY OF PATIENTS Removal of patient to another place in the British Islands: reciprocal arrangements A Removal of patient to another place in the British Islands: no reciprocal arrangements B Removal of alien patient C Role of Tribunal D Reception of patient removed from another place in the British Islands PART 4 34 MISCELLANEOUS AND GENERAL 34 OFFENCES Forgery, false statement etc Ill-treatment of patients Protection of female patients Assisting patients to absent themselves without leave etc Obstruction MISCELLANEOUS PROVISIONS Religious persuasion of patients Provision of pocket money for in-patients in hospital Modification of curatelle procedure, and provisions as to the management and administration of the property and affairs of patients Pay, pensions etc. of patients Correspondence of patients not subject to detention Warrant to search for and remove patients Mentally disordered persons and addicts found in public places Page - 4 Revised Edition 1 January 2017

5 Mental Health (Jersey) Law 1969 Arrangement 48 Provisions as to custody, conveyance and detention Retaking of patients escaping from custody Protection for acts done in pursuance of this Law Procedure on applications to the Court Orders Citation SCHEDULE 1 48 MENTAL HEALTH REVIEW TRIBUNAL 48 PART 1 48 CONSTITUTION 48 PART 2 49 PROCEDURE 49 SCHEDULE 2 52 OATH OF CURATORS 52 Supporting Documents ENDNOTES 53 Table of Legislation History Table of Renumbered Provisions Table of Endnote References Revised Edition 1 January 2017 Page - 5

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7 Mental Health (Jersey) Law 1969 Article 1 MENTAL HEALTH (JERSEY) LAW A LAW to provide for the treatment of mentally disordered persons and for connected purposes Commencement [see endnotes] PART 1 PRELIMINARY 1 Interpretation (1) In this Law, unless the context otherwise requires absent without leave means absent from a hospital or other place and liable to be taken into custody and returned under this Law; addict means a person who habitually and intemperately drinks intoxicating liquor or who habitually takes or uses, otherwise than on medical advice, any drug to which any provision of the Misuse of Drugs (Jersey) Law applies; alien means a person other than a person who has the right of abode in Jersey pursuant to section 2(1) of the Immigration Act 1971 (c.77) of the United Kingdom as extended to Jersey by the Immigration (Jersey) Order ; application for admission for observation has the meaning assigned to it by Article 6(1); application for admission for treatment has the meaning assigned to it by Article 7(1); child means a person who has not attained the age of majority; Court means the Inferior Number of the Royal Court; enactment includes an enactment of the Parliament of the United Kingdom; guardian in relation to a child, includes either of the parents or any person who for the time being has care of the child; Revised Edition 1 January 2017 Page - 7

8 Article 1 Mental Health (Jersey) Law 1969 guardianship application has the meaning assigned to it by Article 14(1); hospital means any institution administered by the Minister which provides treatment for persons suffering from illness, mental disorder or addiction; medical recommendations has the meaning assigned to it by Article 9(1); medical treatment includes nursing, and includes also care and training under medical supervision; mental disorder means mental illness, arrested or incomplete development of mind and any other disability or disorder of mind, and the expression mentally disordered shall be construed accordingly; mental nursing home has the same meaning as in the Nursing and Residential Homes (Jersey) Law 1994; 4 Minister means the Minister for Health and Social Services; nearest relative has the meaning assigned to it by Article 29(3); officer except in Article 2, means a person authorized by the Minister for the purposes of this Law; order for discharge has the meaning assigned to it by Article 27(1); parent, in relation to a child, includes any person who is not his or her parent but who has parental responsibility for the child (within the meaning of the Children (Jersey) Law ) or care of the child; patient means a person suffering or appearing to be suffering from mental disorder or from addiction and, in the provisions of this Law relating to guardianship, includes a person requiring special care; person requiring special care means a person suffering from arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, which renders the person socially inefficient to such an extent that the person requires supervision, training or control in the person s own interests or for the protection of other persons; place of safety means in relation to a person other than a child, a police station or other place of detention, or any hospital into which the Minister is willing temporarily to receive the person; and in relation to a child, any institution provided by or under the authority of the States into which the Minister having charge of the institution is willing temporarily to receive the child, or any hospital into which the Minister is willing temporarily to receive the child; prescribed means prescribed by Order made by the Minister under Article 52; president means the chairman, vice-chairman or deputy chairman of the Tribunal; Page - 8 Revised Edition 1 January 2017

9 Mental Health (Jersey) Law 1969 Article 2 registered medical practitioner has the same meaning as in the Medical Practitioners (Registration) (Jersey) Law 1960; 6 relative has the meaning assigned to it by Article 29(1); responsible medical officer means in relation to a patient liable to be detained by virtue of an application for admission for observation or an application for admission for treatment, the registered medical practitioner in charge of the treatment of the patient; in relation to a patient subject to guardianship, the Medical Officer of Health or any other registered medical practitioner authorized by the Minister to act, either generally or in any particular case or for any particular purpose, as the responsible medical officer; school means an institution, whether administered by the Minister for Education or not, for providing primary or secondary education or both primary and secondary education; working day means any day other than a Saturday, Sunday, Good Friday, Christmas Day or any day appointed as a public holiday or bank holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law (2) For the purposes of this Law, a person shall be deemed to be socially inefficient if (c) (d) the person is incapable of living an independent life; the person is incapable of guarding himself or herself against common physical dangers; the person is incapable of managing himself or herself or his or her affairs, or, being a child, is incapable of being taught to do so; or being a child, he or she has been found unsuitable for ordinary education at school. (3) References in this Law to any other enactment shall be construed as references thereto as amended by or under any subsequent enactment. (4) Nothing in this Law shall be construed as implying that a person may be dealt with under this Law, as suffering from mental disorder, by reason only of promiscuity or other immoral conduct. 2 Mental Health Review Tribunal (1) There shall be constituted a tribunal to be called the Mental Health Review Tribunal (in this Law referred to as the Tribunal ) for the purpose of dealing with applications and references by and in respect of patients under the provisions of this Law. 9 (2) The provisions of Part 1 of Schedule 1 shall have effect with respect to the constitution; and Part 2 of Schedule 1 shall have effect with respect to the procedure, Revised Edition 1 January 2017 Page - 9

10 Article 3 Mental Health (Jersey) Law 1969 of the Tribunal. (3) The Minister shall establish and pay rates of remuneration for members of the Tribunal and defray such expenses of the Tribunal as the Minister determines. 10 (3A) The Minister may provide from any administration of the States for which he or she is assigned responsibility such officers and servants, and such accommodation, as the Tribunal may require. (4) The States may by Regulations amend Schedule 1. 3 Functions of the Minister in relation to this Law (1) The Minister shall appoint such medical and other officers and persons as may from time to time be necessary for the purpose of carrying this Law into effect. (2) The Minister may make arrangements for the purpose of the care of persons suffering from mental disorder or addiction or for the after-care of persons who have been so suffering, and for persons requiring special care, including arrangements for the following purposes, that is to say the provision, equipment and maintenance of residential accommodation, and the care of persons for the time being resident in accommodation so provided; for the provision of centres or other facilities for the training, occupation and employment of such persons, and the equipment and maintenance of such centres or facilities; (c) the provision of any ancillary or supplementary services designed (i) (ii) (iii) (iv) for the better promotion of mental health, for the prevention of mental disorder or addiction, for promoting the better care and treatment of persons suffering from mental disorder or addiction and for the welfare of such persons, for promoting the welfare of persons requiring special care. 4 Informal admission of patients Nothing in this Law shall be construed as preventing a patient who requires or wishes to receive treatment for mental disorder or for addiction (c) from being admitted to any hospital or mental nursing home if the responsible medical officer of that hospital or mental nursing home is willing to receive the patient without any application or authority rendering the patient liable to be detained under this Law; from remaining, with the consent of the responsible medical officer, in any hospital or mental nursing home after he or she has ceased to so liable; or from taking his or her discharge from any hospital at any time when he or she is not liable to be detained under this Law. 11 Page - 10 Revised Edition 1 January 2017

11 Mental Health (Jersey) Law 1969 Article 5 PART 2 COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP APPLICATION 5 Application of Part 2 Except where otherwise expressly provided, this Part shall apply in relation to a mental nursing home to which persons liable to be detained under this Part are admitted as it applies to a hospital, and reference in this Part to a hospital, and any reference in this Law to a hospital to which this Part applies, shall be construed accordingly. PROCEDURE FOR HOSPITAL ADMISSION 6 Admission for observation (1) A patient may be admitted to a hospital and there detained for the period allowed by this Article in pursuance of an application (in this Law referred to as an application for admission for observation ) made in accordance with the following provisions of this Article. (2) An application for admission for observation may be made in respect of a patient on the grounds that the patient is suffering from mental disorder or, as the case may be, from addiction of a nature or degree which warrants the patient s detention in hospital under observation (with or without other medical treatment) for at least a limited period; and that the patient ought to be so detained in the interests of the patient s own health or safety, or with a view to the protection of other persons. (3) An application for admission for observation shall be founded on the written recommendations in the prescribed form of 2 registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in paragraph (2) and apply. (4) Subject to the provisions of Article 32 (in a case where an application is made under that Article for transferring the functions of the nearest relative of the patient), a patient admitted to hospital in pursuance of an application for admission for observation may be detained for a period not exceeding 28 days beginning with the day on which the patient is admitted, but shall not be detained thereafter unless, before the expiration of that period, the patient has become liable to be detained by virtue of a subsequent application or authority under any other provision of this Law or of any other enactment. Revised Edition 1 January 2017 Page - 11

12 Article 7 Mental Health (Jersey) Law Admission for treatment (1) A patient may be admitted to a hospital, and there detained for a period allowed by the provisions of this Law, in pursuance of an application, (in this Law referred to as an application for admission for treatment ) made in accordance with the following provisions of this Article. (2) An application for admission for treatment may be made in respect of a patient on the grounds that the patient is suffering from mental disorder or, as the case may be, from addiction, and that the said disorder or addiction is of a nature or degree which warrants the detention of the patient in hospital for medical treatment under this Article; and that it is necessary in the interests of the health or safety of the patient, or for the protection of other persons that the patient should be so detained. (3) An application for admission for treatment shall be founded on the written recommendations in the prescribed form of 2 registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in paragraph (2) and apply, and each such recommendation shall include such particulars as may be prescribed of the reasons for that opinion so far as it relates to the grounds set out in paragraph (2); and a statement of the reasons for that opinion so far as it relates to the grounds set out in paragraph (2), specifying whether other methods for dealing with the patient are available, and if so why such other methods are not appropriate. 8 General provisions as to applications (1) Subject to the provisions of this Article, an application for the admission of a patient for observation or for treatment may be made to the Minister (c) (d) by the patient s curator where the patient is an interdict; by the patient s nearest relative; by the Connétable of the parish in which the patient resides; or by an officer, and shall specify the name of the applicant and the capacity in which the application is made. 12 (2) An application for admission of a patient shall not be made by a Connétable or an officer except after consultation with the person (if any) appearing to be the nearest relative of the patient unless it appears to the Connétable or the officer, as the case may be, that such consultation is not reasonably practicable or would involve unreasonable delay. 13 (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 14 days ending with the date of the application. Page - 12 Revised Edition 1 January 2017

13 Mental Health (Jersey) Law 1969 Article 9 (4) An application for the admission of a patient shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a registered medical practitioner, or as a joint recommendation signed by 2 registered medical practitioners. 9 General provisions as to medical recommendations (1) The recommendations required for the purposes of an application for the admission of a patient under this Part (in this Law referred to as medical recommendations ) shall be signed on or before the date of the application, and shall be given by registered medical practitioners who have personally examined the patient either together or at an interval of not more than 7 days. (2) Of the medical recommendations given for the purposes of this Part, one shall be given, wherever practicable, by a registered medical practitioner having special experience in the diagnosis or treatment of mental disorder or, as the case may be, in the treatment of addiction and, unless that registered medical practitioner has previous acquaintance with the patient, the other such recommendation shall be given, wherever practicable, by a registered medical practitioner who has such previous acquaintance. (3) Where an application is for the admission of a patient to a hospital not being a mental nursing home, the medical recommendations may be given by registered medical practitioners on the staff of the hospital and, in such a case, the provisions of paragraph (4) shall not apply. (4) Except as provided by paragraph (3), a medical recommendation for the purposes of an application for the admission of a patient under this Part shall not be given by any of the following persons, that is to say (c) (d) the applicant; a partner of the applicant or of a registered medical practitioner by whom another medical recommendation is given for the purposes of the same application; a person employed as an assistant by the applicant or by any such registered medical practitioner; or a person who receives, or has an interest in the receipt of, any payments made on account of the maintenance of the patient, or by the husband, wife, civil partner, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of the patient, or of any such person as aforesaid, or of a registered medical practitioner by whom another medical recommendation is given for the purposes of the same application. 14 Revised Edition 1 January 2017 Page - 13

14 Article 10 Mental Health (Jersey) Law Emergency admission (1) Where, in the opinion of either the responsible medical officer or another registered medical practitioner, there is an urgent necessity for a patient to which this Article applies to be detained on the grounds that it is likely that the patient is suffering from a mental disorder or addiction; and to allow the patient to remain at liberty would endanger the patient s own safety or the safety of other persons, the patient may be detained under observation for a period not exceeding 72 hours from the time such opinion is formed. (2) This Article applies where a patient is brought to or presents himself or herself at a hospital; or has been admitted to, or remains in, a hospital on an informal basis and does not consent to remain, and an application for admission in accordance with Article 6 or 7 would involve undesirable delay. (3) In this Article informal shall be construed in accordance with Article A Power of nurse to detain (1) If, in the case of a patient who is receiving treatment for a mental disorder or addiction as an in-patient in a hospital, other than a patient who is already liable to be detained under this Part, it appears to a nurse of such class as may be prescribed that the patient is suffering from a mental disorder or addiction and to allow the patient to remain at liberty would endanger the patient s own safety or the safety of other persons; and that it is not practicable to secure the immediate attendance of a registered medical practitioner, the nurse may record that fact. (2) Where the fact described in paragraph (1) is recorded, the patient may be detained in the hospital for a period of up to 3 hours beginning at the time the record is made, but if a registered medical practitioner attends the patient during the third such hour, the patient may be detained for up to one hour from the start of the time when the registered medical officer so attends Applications in respect of patients already in hospital An application for the admission of a patient to a hospital may be made under the provisions of this Part in any case, notwithstanding that the patient is already an in-patient in a hospital, not being liable to be detained in pursuance of an application under this Part; Page - 14 Revised Edition 1 January 2017

15 Mental Health (Jersey) Law 1969 Article 12 (c) in the case of an application for admission for treatment, notwithstanding that the patient is for the time being liable to be detained in the hospital in pursuance of an application for observation; in a case to which Article 10 applies, and where an application is so made the patient shall be treated for the purposes of this Part as if the patient had been admitted to the hospital at the time when the application was received by the Minister Effect of application for admission (1) An application for the admission of a patient to hospital under this Part shall be of no effect unless the application and the medical recommendations comply with that Part. 18 (2) An application for the admission of a patient to hospital under this Part shall be sufficient authority for the applicant, or any person authorized by the applicant, to take the patient and convey him or her to a hospital at any time within the period of 7 days beginning with the day on which the application was made. 19 (3) Where a patient is admitted within the said period to a hospital or, being within a hospital, is treated by virtue of the provisions of Article 11 as if the patient had been so admitted, the application for admission shall be sufficient authority for the patient to be detained in the hospital in accordance with the provisions of this Law. 20 (4) Any application for the admission of a patient to hospital under this Part which appears to be duly made and to be founded on the necessary medical recommendations may be acted on without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated therein. (5) A patient who is for the time being liable to be detained under Article 6 or 7 shall cease to be so liable if the Tribunal, on application by the patient, directs the discharge of the patient. 21 (6) A patient who is admitted to a hospital in pursuance of an application for admission for observation may apply to the Tribunal within the period of 14 days beginning with the day on which the patient is so admitted, for a direction under paragraph (5). 22 (7) A patient who is admitted to a hospital in pursuance of an application for admission for treatment may apply to the Tribunal, within the period of 12 months beginning with the day on which the patient is so admitted, for a direction under paragraph (5). 23 (8) Where a patient is admitted to a hospital in pursuance of an application for admission for observation or treatment, any previous application under this Part by virtue of which the patient was liable to be detained in a hospital or subject to guardianship shall cease to have effect. 24 Revised Edition 1 January 2017 Page - 15

16 Article 13 Mental Health (Jersey) Law Rectification of application and recommendations (1) Where, at any time after a patient has been admitted to hospital in pursuance of an application for admission under this Part, the application or any medical recommendation given for the purposes of the application is found to be in any respect incorrect or defective, the application or recommendation may, with the consent of the Minister, be amended by the person by whom the application or recommendation, as the case may be, was signed and, on such amendment being made, the application or recommendation shall have effect and shall be deemed to have had effect as if it had originally been made as so amended. 25 (2) Without prejudice to the provisions of paragraph (1), if at any time after a patient has been admitted to hospital as aforesaid it appears to the Minister that either of the medical recommendations on which an application for the admission of the patient was founded is insufficient to warrant the detention of the patient in pursuance of the application, the Minister may give notice in writing to that effect to the applicant and, where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if a fresh medical recommendation complying with the relevant provisions of this Part, other than the provisions relating to the time of signature and the interval between examinations, is furnished to the Minister within the 14 days next following the day on which notice of the insufficiency was given by the Minister; that recommendation, and the other recommendation on which the application is founded, together comply with those provisions. (3) Where the medical recommendations on 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 paragraph (2) may be given in respect of either of those recommendations. PROCEDURE FOR RECEPTION INTO GUARDIANSHIP 14 Application for guardianship (1) A patient may be received into guardianship, for the period allowed by the following provisions of this Law, in pursuance of an application (in this Law referred to as a guardianship application ) made in accordance with the following provisions of this Article. (2) A guardianship application may be made in respect of a patient on the grounds that the patient is suffering from mental disorder or addiction and that the said disorder or addiction is of a nature or degree which warrants the reception of the patient into guardianship under this Law; and it is necessary in the patient s interests or for the protection of other persons that the patient should be so received. Page - 16 Revised Edition 1 January 2017

17 Mental Health (Jersey) Law 1969 Article 15 (3) The person named as guardian in a guardianship application may be either the Minister or any other person (including the applicant), but a guardianship application in which a person other than the Minister is named as guardian shall be of no effect unless the person so named is accepted by the Minister. (4) Every such application shall be delivered to the Minister and, except where the person so named is the Minister, shall be accompanied by a statement in writing by the person so named that he or she is willing to act as guardian. (5) A guardianship application shall be founded on the written recommendations in the prescribed form of 2 registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in paragraph (2) or apply, and each such recommendation shall include such particulars as may be prescribed of the reasons for that opinion so far as it relates to such grounds; a statement of the reasons for that opinion. (6) Articles 8 and 9 shall apply to a guardianship application as they apply to an application for admission for treatment, with the insertion of after Article 8(1) the following paragraph (1A) A guardianship application shall not be made by a Constable or an officer if the nearest relative of the patient has notified the Constable or the officer, as the case may be, that he objects to the application. ; and after Article 9(4)(d) the following sub-paragraph (e) the person named as guardian in the application; Provisions as to persons requiring special care (1) Where it appears to a registered medical practitioner who has examined a person that steps should be taken, in the interests of that person or for the protection of other persons, to ascertain whether the person is a person requiring special care, it shall be the duty of the registered medical practitioner forthwith to notify the Minister. (2) A notification under the provisions of paragraph (1) shall include the following particulars, that is to say (c) the name, age and sex of the person in respect of whom notification is given; the address of the premises where the person is; the name and address of the nearest relative of the person or, in the case of a child, of the parent of the child. (3) Where notification is given under the provisions of paragraph (1) in respect of a person, the Minister shall, where the notification relates to a child, inform the parent of the child and, where the notification relates to a person other than a child, inform that person and the person s nearest Revised Edition 1 January 2017 Page - 17

18 Article 16 Mental Health (Jersey) Law 1969 relative, of the notification; and the Minister, where the notification relates to a child, may; to a person other than a child, shall, cause that person to be examined by 2 registered medical practitioners with a view to the making of the necessary medical recommendations for the admission into guardianship of that person. (4) Where, in pursuance of paragraph (3), the necessary medical recommendations are made in respect of a patient, the Minister shall notify the nearest relative of the patient of the making of the recommendations and, in such a case, it shall be the duty of the nearest relative of the patient, within the 14 days next following the day on which the nearest relative was so notified, to make a guardianship application in respect of the patient on the grounds set out in Article 14(2), and, if the nearest relative fails to do so within the said period of 14 days, the nearest relative of the patient shall be guilty of an offence and shall be liable to a fine of level 2 on the standard scale. 27 (5) In any case where a patient has no known nearest relative, or where it is not reasonably practicable or would involve unreasonable delay for information and notification as aforesaid to be given to the nearest relative of a patient, the Minister shall give such information and such notification to the Connétable of the parish in which the patient resides or to an officer, as the Minister may think fit; or the nearest relative of a patient fails to make a guardianship application in respect of the patient in accordance with the provisions of paragraph (4), the Minister shall, after the expiration of the said period of 14 days, notify the Connétable or an officer as aforesaid of the default, and, where notification is given under the provisions of this paragraph (i) (ii) it shall be the duty of the Connétable or the officer, as the case may be, to make a guardianship application in respect of the patient; the provisions of Article 8(2) shall not apply in respect of the making of the guardianship application. 16 Effect of guardianship application etc. (1) A guardianship application under this Part shall be of no effect unless it is delivered to the Minister within 14 days beginning with the day on which the patient was last examined by a registered medical practitioner with a view to the making of a medical recommendation in connection with the application, and unless the Minister, having satisfied himself or herself that the application and the medical recommendations comply with the requirements of this Part, has approved the application, and an application so approved shall be sufficient authority for the taking into the guardianship of the person named as guardian in the application of the patient to whom the application relates, and a guardianship application so approved shall, subject to the provisions of any order made under Page - 18 Revised Edition 1 January 2017

19 Mental Health (Jersey) Law 1969 Article 16 Article 52, confer on the Minister or the person so named, to the exclusion of any other person, all such powers as would be exercisable by the Minister or the person in relation to the patient if the Minister or the person were the father of the patient and the patient were a child, and, in a case where the Minister is named as guardian, the Minister may, if in the Minister s opinion the circumstances warrant the taking of such a course, require that the patient shall reside (i) (ii) in a hospital or other institution administered by the Minister, or with such person as the Minister may think fit; shall attend at such training centre as may be specified by the Minister, at such times or for such periods as may be so specified. (1A) A guardianship application so approved shall, subject to the provisions of any Order made under Article 52, in general confer on the person named in the application as guardian (whether that person is the Minister or another person), to the exclusion of any other person (c) the power to require the patient to reside at a place specified by the person named as guardian or by an officer; the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training; and the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, officer or other person so specified. 28 (1B) Where a patient who is for the time being subject to guardianship under this Law absents himself or herself without the leave of his or her guardian from the place at which the patient is required by the guardian to reside or to attend (or in fact is not yet at that place), the patient may be taken into custody and returned (or taken) to that place by the guardian, an officer, or by any person authorized in writing by the guardian. 29 (2) Where a guardianship application is made in respect of a person under the provisions of Article 15, the limitation on the time for the delivery of such an application specified in paragraph (1) of this Article shall not apply. (3) A guardianship application which appears to be duly made and to be founded on the necessary medical recommendations may be acted on without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated therein. (4) Where, at any time after a guardianship application has been approved by the Minister, the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, with the consent of the Minister, be amended by the person by whom it was signed and, on such amendment being made, the application or recommendation shall Revised Edition 1 January 2017 Page - 19

20 Article 17 Mental Health (Jersey) Law 1969 have effect and shall be deemed to have had effect as if it had originally been made as so amended. (5) A patient who is received into guardianship in pursuance of a guardianship application may apply to the Tribunal, within the period of 12 months beginning with the day on which the application is approved, for a direction that the guardianship be terminated. 30 (6) Where a patient is received into guardianship in pursuance of a guardianship application, any previous application under this Part by virtue of which the patient was subject to guardianship or liable to be detained in a hospital shall cease to have effect. CARE AND TREATMENT OF PATIENTS 17 Appointment of medical attendant The Minister shall, in the case of every patient subject to the guardianship of a person other than the Minister, appoint a registered medical practitioner to act as the nominated medical attendant (hereinafter referred to as the nominated medical attendant ) of the patient. 18 Correspondence of patients (1) Subject to the provisions of this Article, any postal packet addressed to a patient detained in a hospital under this Part may be withheld from the patient if, in the opinion of the responsible medical officer, it is necessary to do so for the health or safety of the patient or protection of other persons. 31 (2) Subject to the provisions of this Article, any postal packet addressed by a patient so detained and delivered by the patient for dispatch may be withheld from the Post Office if the addressee has given notice in writing to the Minister or to the responsible medical officer requesting that communications addressed to the addressee by the patient should be withheld; or if it appears to the responsible medical officer that the packet would be unreasonably offensive to the addressee or is defamatory of other persons (not being persons on the staff of the hospital) or might cause danger to any person. 32 (2A) Paragraph (2) shall not apply to any postal packet addressed to the Minister; to any officer of any of the Departments described in Article 1(1) of the Departments of the Judiciary and The Legislature (Jersey) Law 1965; 33 (c) (d) (e) to any member of the States; to any court or tribunal, whether or not within Jersey; to the patient s legal adviser; Page - 20 Revised Edition 1 January 2017

21 Mental Health (Jersey) Law 1969 Article 18 (f) (g) to any person having power to discharge the patient under this Part; or to any other classes of persons as may be prescribed, subject to such conditions or limitations (if any) as may be prescribed. 34 (3) Nothing in paragraph (2) shall be construed as authorizing a responsible medical officer to open or examine the contents of any postal packet unless the responsible medical officer is of opinion that the patient is suffering from mental disorder of a kind calculated or that the patient s addiction is likely to lead him or her to send such communications as are referred to in that sub-paragraph. (4) Except as provided by this Article, it shall not be lawful to prevent or impede the delivery to a patient detained as aforesaid of any postal packet addressed to the patient and delivered by the Post Office, or the delivery to the Post Office of any postal packet addressed by such a patient and delivered by him or her for dispatch. (5) This Article shall apply in relation to a patient who is subject to guardianship under this Part as it applies in relation to a patient who is detained in a hospital thereunder, and as if for the reference to the Minister in paragraph (2), except in a case where the Minister has been named as guardian, there were substituted a reference to the guardian; and for any reference to the responsible medical officer there were substituted a reference to the guardian or any person authorized by the guardian to act for the purposes of this paragraph. (5A) Where any postal packet is withheld in accordance with paragraph (1) or (2), the responsible medical officer shall, within 3 working days of the decision to withhold being made notify the patient and the sender or addressee, as the case may be, unless the giving of such notice would be counterproductive to the withholding of the postal packet; and inform the persons notified of their rights under paragraph (5B). 35 (5B) The persons notified under paragraph (5A) may within 10 working days of receiving such notification, request a review by the president; and make representations to the president which shall be in writing unless the president directs otherwise. 36 (5C) Within 7 working days of receiving a request in accordance with paragraph (5B), the president shall review the decision to withhold any postal packet together with any representations and may confirm, vary or reverse the decision. 37 (6) In this Article postal packet has the same meaning as in the Post Office Act 1953 of the United Kingdom. Revised Edition 1 January 2017 Page - 21

22 Article 19 Mental Health (Jersey) Law Visiting and examination of patients (1) For the purpose of advising whether an application to the Tribunal should be made by or in respect of a patient who is liable to be detained or who is subject to guardianship under this Part, 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 the patient s discharge, any registered medical practitioner authorized 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 case may be, may at any reasonable time visit the patient and examine him or her in private. (2) Where application is made to the Minister to exercise, in respect of a patient who is liable to be detained in a mental nursing home, any power to make an order for the patient s discharge any registered medical practitioner authorized by the Minister may visit the patient at any reasonable time and examine him or her in private; require the production of, and may inspect (i) (ii) any documents constituting, or alleged to constitute, the authority for the detention of the patient under the provisions of this Part, any medical records relating to the treatment of the patient in the mental nursing home. 20 Leave of absence from hospital (1) The responsible medical officer may grant to any patient who is for the time being liable to be detained in a hospital under this Part leave to be absent from the hospital subject to such conditions (if any) as the responsible medical officer considers necessary in the interests of the patient or for the protection of other persons. (2) Leave of absence may be granted to a patient under this Article on specified occasions or for any specified period, and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient. (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, the responsible medical officer may, on granting leave of absence under this Article, direct that the patient shall remain in custody during the patient s absence and, where leave of absence is so granted, the patient may be kept in the custody of any member of the staff of the hospital, or of any other person authorized in that behalf in writing by the responsible medical officer. (4) In any case 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, the responsible medical officer may, subject to the provisions of Page - 22 Revised Edition 1 January 2017

23 Mental Health (Jersey) Law 1969 Article 21 paragraph (5), by notice in writing given to the patient or to the person for the time being in charge of the patient, 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 the provisions of paragraph (4) after the patient has ceased to be liable to be detained under this Part and, without prejudice to any other provision of this Part, and such patient shall cease to be so liable at the expiration of the period of 6 months beginning with the first day of the patient s absence on leave unless either the patient has returned to hospital, or has been transferred to another hospital under the following provisions of this Law, before the expiration of that period; or the patient is absent without leave at the expiration of that period. 21 Return and re-admission of patients absent without leave (1) Where a patient who is for the time being liable to be detained under this Part in a hospital (c) absents himself or herself from the hospital without leave granted under the provisions of Article 20; 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 the patient under that Article, or on being recalled thereunder; or absents himself or herself without permission from any place where the patient is required to reside in accordance with conditions imposed on the grant of leave of absence under that Article, the patient may, subject to the provisions of this Article, be taken into custody and returned to the hospital or place by any officer, by any police officer or by any member of the staff of the hospital. (2) Where a patient who is for the time being subject to guardianship under this Part absents himself or herself without the leave of the guardian from the place at which the patient is required by the guardian to reside, the patient may, subject to the provisions of this Article, be taken into custody and returned to that place by the guardian, any police officer, any person authorized in that behalf in writing by the guardian, or by any officer. (3) A patient shall not be taken into custody under the provisions of this Article after the expiration of the period of 6 months beginning with the first day of the patient s absence without leave, and a patient who has not returned or been taken into custody under the provisions of this Article within the said period shall cease to be liable to be detained or subject to guardianship, as the case may be, at the expiration of that period. Revised Edition 1 January 2017 Page - 23

24 Article 22 Mental Health (Jersey) Law Provisions as to transfer of patients (1) The Minister may arrange for the transfer from one hospital to another of a patient who is liable to be detained in hospital by virtue of an application for admission. (2) Where a patient is transferred from one hospital to another by virtue of paragraph (1), the provisions of this Part shall apply to the patient as if the application for admission by virtue of which the patient was liable to be detained in hospital were an application for admission to the hospital to which the patient is transferred; and the patient had been admitted to that hospital at the time when he or she was originally admitted in pursuance of the application. (3) The Minister may arrange for the transfer of a patient who is subject to guardianship under the provisions of this Part, from the guardianship of any person into the guardianship of any other person, or to a hospital; of a patient who is liable to be detained in hospital by virtue of an application for admission, into the guardianship of any person. (4) Where a patient is transferred into the guardianship of another person by virtue of paragraph (3), the provisions of this Part shall apply as if the guardianship application by virtue of which the patient is subject to guardianship under this Part were a guardianship application for the patient s reception into the guardianship of that person and had been accepted at the time when it was originally accepted. (5) Where a patient is transferred to a hospital by virtue of paragraph (3), the provisions of this Part shall apply as if the guardianship application by virtue of which the patient was subject to guardianship under this Part, were an application for admission to that hospital; and the patient had been admitted to that hospital at the time when the guardianship application was originally accepted. (6) Where a patient is transferred into the guardianship of any person by virtue of paragraph (3), the provisions of this Part shall apply as if the application for admission by virtue of which the patient was liable to be detained in hospital were a guardianship application duly accepted at the time when the patient was admitted to hospital in pursuance of the application. (7) A patient who is transferred from guardianship to a hospital by virtue of an arrangement under paragraph (3), or is aware that such an arrangement for such a transfer has been made for him or her, may at any time apply to the Tribunal for a direction revoking the arrangement and reversing the transfer; or making such other arrangement as the Tribunal thinks appropriate. 38 Page - 24 Revised Edition 1 January 2017