← belizelaw.ai · Unsoundness Of Mind, Cap. 122 · PART III — Dealing with Defective Mental Deficiency, etc., of Unsound
Duration of detention under orders
Cap. 122, s. 27 · Revised Edition 2020
(1) An order made under this Part that a defective be sent to an institution or placed under supervision or guardianship shall expire at the end of one year from its date, unless continued in manner provided under subsection (2) of this section.
(2) Subject to subsection (3) of this section, an order shall remain in force for a year after the date when under subsection
(1) of this section it would have expired, and thereafter for successive periods of five years, if at the date and at the end of each period of one and five years respectively the Board, after considering such special reports and certificates as are mentioned in subsections (6) and (7) of this section and the report of any duly qualified medical practitioner who, at the request of the defective or his parent or guardian or any relative or friend, has made a medical examination of the defective and the means of care and supervision which would be available if the defective were discharged, considers that the continuance of the order is required in his interests and make an order for the purpose.
(3) Where a defective was, at the time of being sent to the institution or placed under guardianship, under eighteen years of age, the case shall be reconsidered by the Board appointed under this Part within three months after he attains the age of eighteen years.
(4) On such reconsideration the Board shall visit the defective or summon him to attend before it and inquire into his mental condition and the means of care and supervision which would be available if he were discharged and into all the circumstances of the case and, if it appears to it that further detention in an institution or under supervision or guardianship is no longer required in the interests of the defective himself,
shall order him to be discharged.
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(5) If the Board does not order his discharge, the defective or his parent or guardian may, within fourteen days after the decision of the Board has been communicated to the defective and his parent or guardian, appeal to the court.
(6) The special reports mentioned above shall be a special report by two registered medical officers made within one month after having seen the defective as to his mental condition and the means of care and supervision which would be available if he were discharged, and stating whether, in the opinion of the registered medical officers, the defective is still a proper person to be detained in his own interest in an institution or under supervision or guardianship.
(7) A certificate under the hand of the secretary to the Board that an order has been continued to the date therein mentioned shall be sufficient evidence of the fact.
Amended by: 3 of 1978
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