Psychiatry And Law

Press, Volume CVIII, Issue 31760, 17 August 1968, Page 40

Psychiatry And Law

(N.Z. Press Association)

WELLINGTON, August 16.

Provisions in the law allowing a person brought before a court to be sent to a mental hospital for observation had been the subject of considerable criticism in recent months, but most of the criticism had been exaggerated, the Minister of Justice (Mr Hanan) said today, introducing the Criminal Justice Amendment Bill.

The provision had been In the law for 11 years but this did not mean that the situation could not be improved, Mr Hanan said

Many of the provisions for the psychiatric assessment and care of persons appearing before the courts have been transferred to the Crim-

inal Justice Bill from the Mental Health Bill.

In today’s measure the powers of courts to make direct remands to hospitals have been restricted to persons awaiting trial or appeal and to cases where it appears to the court that accused persons may be unfit to plead or be criminally Insane. An order under the particular clause is to be sufficient authority for such treatment as is “necessary to prevent deterioration of the person’s mental health.”

Most cases in which a psychiatric report is required by the court will be dealt with under another clause. This will apply to persons awaiting trial, pending appeal, or awaiting sentence.

The courts may grant bail on condition that the person attended an approved psychi atric examination; remand the person in custody for a psychiatric examination; or, acting on medical advice, and where possible on a psychiatric report, make an order for observation in a psychiatric hospital. A person detained under this section may be treated only with his consent “The effect of these changes is to strengthen safeguards against the largely theoretical possibilities of misuse which have worried some critics,” Mr Hanan said. “At the same time they retain satisfactory mechanisms by which the courts maj obtain psychiatric advice, on which they are placing increasing value.”