(ii) wandering at large and unable to take care of himself;
and
(b) it is necessary for the public safety or for the welfare of the patient that before other proceedings are
taken under this Act the patient should forthwith be placed under care and control;
he may, without warrant or order, apprehend and convey the patient to a hospital, prison or other suitable place for
examination, and the person in charge of that hospital, prison or place shall receive and detain the patient:
Provided that—
(i) subject to proviso (ii), the patient shall not be removed to, or received in, a prison or a police station
unless he cannot be otherwise controlled and it is impossible to receive him immediately in a hospital or
other suitable place which has facilities for his reception;
(ii) the patient may be removed to, and received in, a prison or a police station whilst in the course of being
removed to a hospital or other suitable place for examination.
(3) Subject to subsection (5), the person in charge of any hospital, prison, police station or other place who
has received a patient in terms of subsection (2) shall—
(a) forthwith obtain the advice of a medical practitioner or psychiatric nurse practitioner and, as soon as
possible thereafter, make an application in terms of section four for a reception order or an urgency
application in terms of section eleven in respect of that patient;
(b) whether or not he has received the advice of a medical practitioner or a psychiatric nurse practitioner,
within twenty-four hours of the patient’s admission or, if a Sunday or public holiday intervenes, within
twenty-four hours exclusive of the Sunday or public holiday, notify a magistrate in writing of the
patient’s admission:
Provided that this subsection shall not apply in relation to the person in charge of a prison or a police station
who has received a patient in terms of proviso (ii) to subsection (2).
(4) On receipt of a notification in terms of paragraph (b) of subsection (3), the magistrate may issue an order
for the further detention of the patient and, in making such an order, the magistrate may order the patient’s
removal to any other hospital, prison, police station or other suitable place for examination, and the person in
charge of that hospital, prison, police station or place shall receive and detain the patient therein:
Provided that a patient shall not be detained under an order issued in terms of this subsection for more than
fourteen days from the date the order was issued unless a magistrate has ordered the patient’s further detention in
terms of subsection (5).
(5) A magistrate may issue an order directing a patient’s further detention for not more than fourteen days
after the expiry of the period referred in the proviso to subsection (4), if the medical practitioner or psychiatric
nurse practitioner responsible for examining the patient applies for such an order and the magistrate is satisfied
that it will be in the patient’s best interests to issue it.
(6) Where a magistrate has, in terms of subsection (4), ordered a patient to be removed to, and detained in
another place, paragraph (a) of subsection (3) shall cease to apply to the person in charge of the hospital, prison,
police station or other place from which the patient has been removed.
14 Period of detention in urgency cases
(1) No person shall be detained under an urgency application for more than fourteen days, unless a
magistrate has ordered the patient’s further detention in terms of subsection (2).
(2) A magistrate may issue an order directing a patient’s further detention for not more than fourteen days
after the expiry of the period referred to in subsection (1), if the medical practitioner or psychiatric nurse
practitioner responsible for examining the patient in the place where the patient is detained applies for such an
order and the magistrate is satisfied that it will be in the patient’s best interests to issue it.
15 Release of patient
If, on inquiry, a magistrate refuses to issue a reception order in respect of a patient detained under section
eleven, twelve or thirteen, he shall—
(a) forthwith give notice of his refusal to the person in charge of the place where the patient is detained and,
after that person has received the notice, it shall not be lawful to continue to detain the patient; and
(b) take all necessary steps to return the former patient to the place from which he was brought, and any
expenses incurred therein shall be paid from moneys appropriated for the purpose by Act of Parliament.
16 Attorney-General ex officio curator ad litem of patients
(1) Subject to subsection (3), the Attorney-General shall be the official curator ad litem of a person who is
detained—
(a) under an order granted by a magistrate or the High Court under this Act; or
(b) as a temporary patient or in terms of Part VIII.
(2) The High Court may, at the request of the Attorney-General—
(a) appoint a curator of the person for any person referred to in subsection (1), either generally or for a
specific purpose;