ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

SECTION

PART II
COMPULSORY ADMISSION TO HOSPITAL

PART III
GUARDIANSHIP

PART IV
TREATMENT AND LEAVE OF ABSENCE

PART V
DURATION OF DETENTION OR GUARDIANSHIP AND DISCHARGE

PART VI
ADMISSION AND TREATMENT OF PERSONS CONCERNED IN CRIMINAL
PROCEEDINGS

PART VII
MENTAL HEALTH REVIEW TRIBUNAL

PART VIII
MANAGEMENT OF PROPERTY AND AFFAIRS OF PATIENT

PART IX
GENERAL

CHAPTER 230

MENTAL HEALTH

[Commencement 28th July, 1969]

"hospital" means any hospital, clinic or other institution which, with the approval of the Minister, provides medical treatment for mental disorder;

"medical practitioner" means a person registered under the provisions of the Medical Act.

"medical treatment" includes nursing and also includes care and training under medical supervision;

"mental disorder" means mental illness, arrested or incomplete development of the mind, psychopathic disorder and any other disorder or disability of mind, and "mentally disordered" shall be construed accordingly;

"Minister" means the Minister responsible for Medical, Nursing and Health Services;

"patient" means a person suffering from or appearing to be suffering from mental disorder;

"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;

"responsible medical officer" means, in relation to any patient detained in hospital, the medical officer having charge of the case and treatment of the patient therein;

"severe subnormality" (otherwise known as severe mental retardation) means a state of arrested or incomplete development of mind which includes subnormality of intelligence and is of such a 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" (otherwise known as mental retardation) 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 section shall be construed as implying that a person may be dealt with under this Act as suffering from any form of mental disorder by reason only of promiscuity or other immoral conduct.

(2) In the case of an infant who has attained the age of sixteen years and is capable of expressing his own wishes, any such arrangement may be made, carried out and determined notwithstanding any right of custody or control vested by law in his parent or guardian.

(2) Subject to the provisions of section 8 of this Act, every application for admission for observation shall be founded upon the written recommendation of two medical practitioners including in each case a statement that in the opinion of the practitioner-

Provided that in any Out Island District, in any case where it is impracticable to obtain the evidence of more than one medical practitioner, an application for admission for observation may be founded upon the written recommendation of one such practitioner and of the Commissioner of that Out Island District.

(3) Subject to the provisions of section 8 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 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 of the following provisions of this Act.

(2) Every application for admission for treatment shall be founded upon the written recommendation in the prescribed form of two medical practitioners including in each case a statement that in the opinion of the practitioner the patient-

and that the said disorder is of a nature or degree which warrants the detention of the patient in a hospital for medical treatment; and

(3) Every such recommendation by a medical practitioner shall include such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of subsection (2) of this section and a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) thereof, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate.

(4) An application for admission for treatment, and any recommendation given for the purposes of such application may describe the patient as suffering from more than one of the forms of mental disorder referred to in subsection (2) of this section.

(5) An application for admission for treatment founded on a recommendation that the patient is suffering from psychopathic disorder or subnormality only in terms of paragraph (b) of subsection (2) of this section shall state upon the face of it the age of the patient, or if his exact age is not known to the applicant, shall state that the patient is believed to be under the age of twenty-one years.

(2) An application shall not be made by an authorised 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 any patient shall be made by any person unless that person has seen the patient within the fourteen days ending with the date of the application.

(2) The medical recommendations required for the purposes of this Part of this Act shall be given by practitioners whose names appear upon the register kept by the Bahamas Medical Council.

(3) A medical recommendation shall not be given for the purposes of this Part of this Act by any of the following persons-

(2) An application under this section may be made by the nearest relative of the patient or by an officer authorised in writing by the Minister or by some justice of the peace in any Out Island District. Every such application shall include a statement that it is of urgent necessity for the patient to be admitted to hospital and. there detained.

(3) An application under this section may be founded in the first instance upon one only of the medical recommendations required by section 4 of this Act, and, in any case in any Out Island District where a competent medical practitioner is not available, it shall be sufficient if that medical recommendation is attached to the application at the first available opportunity, not being later than the time of first admission of the patient to hospital thereunder.

(4) An application made under this section shall authorise the admission and detention of the patient for a period of seventy-two hours only and shall cease to have effect upon the expiration of that period, unless within that period the second medical recommendation required by section 4 of this Act is given and received by the medical officer in charge of the hospital where the patient is detained, in which case the application shall thereafter be deemed to be an application for admission for observation made in respect of that patient under the provisions of that section.

and where any application is made in such a case the patient shall be treated for the purposes of this Part of this Act as if he had been admitted to the hospital on the date of such application.

(2) Every guardianship application shall be founded on the written recommendation in the prescribed form of two medical practitioners including in each case a statement that in the opinion of the practitioner the patient-

and that the said disorder is of a nature or degree which warrants the reception of the patient into guardianship; and

(3) The provisions of subsections (3) and (4) of section 5 of this Act shall apply in every case of a guardianship application as they apply in the case of an application for admission for treatment.

(4) The person named in a guardianship application may be any person including the applicant himself but any person other than the applicant who is named as a prospective guardian shall be served with a copy of such application at least seven clear days before the effective date of the application.

(5) No guardianship application shall be made in any case unless and until-

(2) Where a patient is received into guardianship in pursuance of an application made under section 12 of this Act, any previous application by which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect.

(2) Regulations under this section may, in particular, make provision for requiring the patient to be visited, on such occasions and at such intervals as may be prescribed, by any officer of the Department of Health and shall provide for the appointment in every case of a medical practitioner to act as the nominated medical attendant of the patient.

(2) Where a report is furnished under the provisions of subsection (1) of this section in respect of a patient who has attained the age of sixteen years, the medical officer shall cause the patient and his nearest relative to be informed and the nearest relative to be supplied on request with a copy of the report.

(2) Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions for any specified period, and where leave is 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 to do so, he may upon granting leave of absence under this section direct that the patient remain in custody during his absence, and where leave of absence is so granted, the patient may be kept in the custody of any officer on the staff of the hospital or of any other person authorised in writing by the responsible medical officer.

(4) In any case where a patient is absent from a hospital with leave under the provisions of this section, the responsible medical officer may, if he considers it necessary to do so, revoke the leave of absence and recall the patient to the hospital by notice in writing given to the patient or to any person for the time being in charge of the patient.

(2) Subject to the provisions of this section, any postal packet addressed by a patient so detained and delivered by him for dispatch may be withheld from the Post Office if-

Provided that this subsection shall not apply to any postal packet addressed to the Minister, to any member of the Senate or the House of Assembly, to an officer of the Supreme Court or to any member of the Mental Health Review Tribunal.

(3) This section shall apply in the case of any patient received into guardianship under Part III of this Act and in any such case the powers of the responsible medical officer shall be exercisable by the guardian of that patient.

(2) The responsible medical officer shall, if possible, cause the nearest relative of any patient temporarily transferred under the provisions of this section to be informed at the earliest opportunity of the transfer.

(2) Where any patient who is for the time being subject to guardianship under the provisions of this Act absents himself without the leave of his guardian from the place at which he is required by the guardian to reside, he may be taken into custody and returned to that place by any peace officer or by the guardian or by any person authorised in writing by the Minister.

(2) It shall be the duty of the responsible medical officer in the case of a patient detained in hospital and of the nominated medical attendant of a patient under guardianship to examine the patient within the period of two months ending on the day when the authority for his detention or guardianship would normally expire; and if it appears to him to be 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 detention or subject to guardianship, he shall furnish the Minister with a report to that effect.

(3) The Minister may, upon consideration of any report furnished under subsection (2) of this section, renew the authority for detention or for guardianship, as the case may be, for-

(2) The responsible medical officer in the case of any patient who is liable to be detained in hospital, whenever he becomes satisfied that the patient has sufficiently recovered to enable him to be discharged forthwith, shall so discharge him and shall furnish a report to the Minister that he has done so.

(3) It shall be the duty of the nominated medical attendant of any patient subject to guardianship whenever he becomes satisfied that the patient has sufficiently recovered to enable him to be discharged forthwith to furnish a report to the Minister and to the guardian to that effect.

(4) The nearest relative of any patient detained in hospital under an application for admission for treatment may apply to the Minister at any time for the discharge of that patient, but every such application shall be accompanied by a written undertaking in the prescribed form, signed by such relative, that the patient will, if discharged, receive proper care and will be prevented from doing injury to himself or to other persons.

(2) For the purpose of determining the nearest relative of any patient, adopted children shall be reckoned as natural children, but any relative who is an infant or who is not ordinarily resident within The Bahamas shall be disregarded. A husband or wife who is permanently separated from the patient, whether or not by agreement or under the order of any court, shall also be disregarded for that purpose.

(3) The Chief Magistrate or any stipendiary and circuit magistrate may, upon application being made to him by any relative of a patient specified in this section, or by any person authorised by the Minister, in any case of doubt or difficulty, direct, upon sufficient grounds being shown, that such applicant be treated for the time being as the nearest relative of that patient for the purposes of this Act.

(4) Where any order has been made under the provisions of subsection (3) of this section, the Chief Magistrate or a stipendiary and circuit magistrate may, upon fresh application being made on sufficient grounds, vary or discharge any such order and may make such further orders as appear just and necessary in the circumstances.

the judge or magistrate may by a hospital order authorise the admission of that person to, and his detention in, such hospital as is specified in the order and may specify in the order the period during which such person should be so detained, which shall not be longer than the sentence of imprisonment which the judge or magistrate could have imposed for the offence with which such person was charged.

(2) Where a hospital order has been made under this section, the judge or magistrate shall not impose any punishment in respect of the offence but may make any other order which the judge or magistrate has power to make apart from this section.

(3) Of the medical practitioners whose evidence is received in accordance with subsection (1) of this section at least one shall be a practitioner having special experience in the diagnosis and treatment of mental disorder.

(2) A person admitted to hospital in pursuance of a hospital order shall be treated for the purposes of Parts IV and V of this Act as if he were a patient admitted under an application for admission for treatment except that-

(3) Where a person is admitted to hospital under a hospital order, any previous application by which he was liable to be detained in hospital under the provisions of this Act, and any guardianship application made in relation to such person, shall cease to have effect.

(2) If the Superintendent of Prisons is of the opinion that any person who has been committed for trial under section 127 of the Criminal Procedure Code Act or committed for sentence under section 214 of that Act is or may be suffering from mental disorder, he may apply to a magistrate to have that person remanded to a hospital, and upon any such application any magistrate may remand such person to a hospital for observation, investigation and treatment for the period or periods specified in subsection (1) of this section and such person shall stand committed for trial or sentence to the sessions of the Supreme Court next following the expiration of such period or periods.

(2) A person who is admitted to a hospital in pursuance of a transfer order shall be treated for the purposes of Parts IV and V of this Act as if he were a patient admitted under an application for admission for treatment except that-

(2) At least two members of the Tribunal shall be medical practitioners and at least one member shall be a person admitted to practise as counsel and attorney of the Supreme Court and at least one member shall be a person having experience in administration or social service or such other experience as the Minister considers suitable.

(3) Members of the Tribunal shall hold office for a period not exceeding three years and shall be eligible for reappointment:

Provided that in the event of a casual vacancy occurring in the membership of the Tribunal any person appointed to fill such vacancy shall hold office for the remainder of the period for which the previous member was appointed.

the Tribunal shall recommend to the Minister that the patient should be discharged and the Minister shall act in accordance with that recommendation.

(2) Any person aggrieved by the decision of the Mental Health Review Tribunal given or made upon any application before it, may appeal to the Supreme Court within such time and in such manner as may be prescribed by rules made under section 76 of the Supreme Court Act.

(2) Application may be made by any person related by blood or marriage to the person alleged to be incapable, or by any person authorised in that behalf by the Minister, for the exercise by a judge of the Supreme Court of his jurisdiction under this Part of this Act and such jurisdiction shall be exercised in accordance with rules made under section 76 of the Supreme Court Act.

(2) A receiver appointed for any person shall be discharged by order of a judge on the judge being satisfied that the person has become capable of managing and administering his property and affairs and may be discharged by order of the judge at any time if the judge considers it expedient to do so; and a receiver shall be discharged (without any order) on the death of the patient.

(2) A judge may give such directions as appear to him necessary or expedient for giving effect to the operation of subsection (1) of this section.

(3) Where the judge has ordered, directed or authorised the expenditure of money for carrying out permanent improvement on, or for the permanent benefit of, any property of the patient, he may order that the whole or any part of such expenditure shall be a charge upon the property, with or without interest, in favour of such person as may be just or in favour of any person as a trustee for the patient and such order may provide for excluding or restricting the operation of subsection (1) of this section:

Provided that a charge created under this subsection shall not confer any right of sale or foreclosure during the lifetime of the patient.

(2) An order made under the provisions of the section shall be of the same force and effect and subject to the same appeal as a judgment or order made by the court in any civil proceedings respecting the property of the person therein named.

(2) Any person who has unlawful sexual intercourse with any mentally disordered person under care or treatment in a hospital or on leave of absence therefrom, or with any mentally disordered person subject to his guardianship or otherwise in his care or custody under this Act, is guilty of an offence and liable on conviction on information to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a minimum term of imprisonment of fourteen years.

(3) Any person who attempts to have unlawful sexual intercourse with any mentally disordered person under care or treatment in a hospital or on leave of absence therefrom or with any mentally disordered person subject to his guardianship or otherwise in his care or custody under this Act, is guilty of an offence and liable on conviction on information to imprisonment for fourteen years subject to, in the case of a second or subsequent conviction of the offence, a term of imprisonment of eight years.

(4) If, on the trial of any person for the offence of rape, the court or jury is satisfied that the accused person is not guilty of rape but guilty of an offence under subsection (2) or subsection (3) of this section, the court or jury may acquit him of rape and find him guilty of the latter offence.

(5) It shall be a defence to any charge of an offence under the provisions of this section for an accused person to show that he did not know and had no reason to suspect the person with whom he had, or attempted to have, unlawful sexual intercourse to be a mentally disordered person.

shall be guilty of an offence and liable on summary conviction to a fine of six hundred dollars or imprisonment for two years or to both such fine and imprisonment.

(2) No prosecution under this section shall be instituted except by or with the consent of the Attorney-General.

(2) No such proceedings shall be brought against any person in any court without the leave of the court, and leave shall not be granted unless the court is satisfied that there is substantial ground for supposing that the person against whom it is sought to bring the proceedings has acted in bad faith or without reasonable care.

Provided that any person who at the date of the commencement of this Act was-