First Reading Of Bills On Insanity

Press, Volume CVII, Issue 31530, 18 November 1967, Page 40

First Reading Of Bills On Insanity

(New Zealand Press Association) WELLINGTON, November 17. Major legislation, which rewrites out-dated provisions in two acts dealing with insane persons subject to criminal proceedings, was introduced in Parliament this morning.

The two bills—the Criminal Justice (No. 2) Amendment Bill and the Mental Health Amendment Bill—will not be passed in this session of Parliament.

After their first readings today they were held over until the next session so that interested parties can make submissions during the Parliamentary recess. After the Minister of Justice (Mr Hanan) and the Minister Of Health (Mr McKay) bad Introduced the two closely-connected bills, the Leader of the Opposition (Mr Kirk) said the Labour Party welcomed the legislation. “I think there has been far too much delay in improving this section of public health,” he said.

Criticising the Government’s failure to bring down the bills earlier this year so they could have become law during this session, Mr Kirk said the legislation was far more important than much of the legislation before the House.

Mr Hanan said that provisions dealing with insane persons who were subject to criminal proceedings were being moved from the mental health legislation to legislation administered by the Department of Justice. Once an offender or alleged offender was sent to a mental hospital under these provisions his care and treatment would be the responsibility of the Department of Health, and the Mental Health Act would be applicable. JUDGE TO DECIDE

The bill would enable a court, in the interests of the defendant, to postpone consideration of the issue of insanity until the opening of the case for the defence, so that there was an opportunity to secure the acquittal of an innocent defendant The decision in the Supreme Court on insanity would be left to the judge (acting, of course, on medical evidence) rather than to the jury. In relation to insanity at the time of the alleged offence, the bill provided a new right of appeal against the verdict.

At present a person acquitted in the Supreme Court on ground of insanity must be detained either in prison or in a mental hospital in a special category. The bill would remove the power to order detention in

prison, empower magistrates to order detention in mental hospital of persons acquitted on ground of his insanity, and empower all courts to order, as an alternative to detention in a special category, either detention as an ordinary patient or discharge. In the cases both of persons found unfit for trial and those acquitted on ground of insanity a new power would be provided to reclassify them as ordinary patients. Mr McKay said that the Mental Health Bill provided simpler procedures for dealing with psychiatric patients. Some of the old terms concerning mentally ill people, such as “mentally defective” were replaced. Statutory provision for the control of psychiatric hospitals by hospital boards had been made and an interdepartmental committee was studying the problems. * The bill provided for hostels, clinics and other facilities apart from the major mental hospitals, recognising that in modern psychiatric treatment the base hospital was the hub of services and not the beginning and end of them. More people were expected

to be treated at home for mental disorders, he said. ADMISSION PROCEDURES Provision was made for patients to be admitted to psychiatric hospitals without formality and for most patients admission would be the same as for general hospitals. Mr McKay said Informal admissions to hospitals would not involve any power of detention, although the medical superintendents had a readily available procedure for preventing the departure from hospitals of any person whose mental state deteriorated so that it was apparent that in his own interest and in the community’s interest he should be detained.

Superintendents would be able to accept a patient on the presentation of one medical certificate instead of two, provided a second certificate was obtained within 72 hours. Certain security patients would, with the concurrence of the Ministers of Health and Justice, be reclassified as committed patients to assist in the task of rehabilitation, he said.

CHILDREN ALLOWED A new provision gives a medical superintendent authority to allow a mother admitted to an institution to bring with her any child of hers under the age of five. No child on attaining five years will be permitted to remain in the institution. Another clause extends the existing law for committed patients by authorising care and treatment and, where appropriate, training and occupation, in addition to detention.

The bill imposes on a medical officer of health, as well as on the police, the duty of applying for a reception order for a mentally disordered person who is neglected by any person having care or charge of him, who is suicidal or dangerous, or who acts offensively or is not under proper oversight, care or control. No person subject to a detention order may be held in a penal institution and can only be held in a police station for good reason.