(2) When an order referred to in subsection (1) relates to a person who is not under detention, it may be
executed in the same manner as a warrant for the arrest of a person charged with an offence, and every police
officer shall assist in executing it.
117 Escape of patients
(1) Subject to subsection (3), if a patient escapes while being conveyed to or detained in an institution,
special institution or other place under this Act, he may be retaken within twenty-eight days after his escape by—
(a) the superintendent of the institution, special institution or other place; or
(b) any person employed in or at the institution, special institution or other place; or
(c) any person assisting a person referred to in paragraph (a) or (b); or
(d) in the case of a patient who was being conveyed to an institution, special institution or other place, his
appointed escort; or
(e) any police officer;
and, upon being retaken within that period, the patient shall forthwith be conveyed to and received and detained in
the institution, special institution or other place.
(2) Subject to subsection (3), if a patient who escapes as mentioned in, subsection (1) is not retaken within
twenty-eight days after his escape, he shall formally be discharged from the place to which he was being
conveyed or in which he was being detained, as the case may be, at the time of his escape, and he shall not be
readmitted to that place unless a new order is issued under this Act.
(3) A patient who escapes while being conveyed to or detained in an institution, special institution or other
place under an order issued in terms of section twenty-seven, twenty-eight, twenty-nine or thirty or Part IV may be
retaken and conveyed to and detained in the institution, special institution or other place concerned at any time
after his escape.
118 Cost of maintaining patients at State institutions
(1) Subject to this section, the costs and expenses of detaining and additionally, or alternatively, treating a
patient in terms of this Act in an institution, special i nstitution or other place which is maintained by the State
shall be defrayed from a fund to be established for the purpose in terms of section 30 of the Audit and Exchequer
Act [Chapter 22:03].
(2) The fund referred to in subsection (1) shall be administered by the Secretary and shall consist of moneys
appropriated for the purpose by Act of Parliament.
(3) Nothing in this section shall be construed as preventing the State from charging fees for the detention or
treatment of any patient, and any such fee may be recovered from the patient��s estate or from any person legally
liable to contribute towards the patient’s maintenance.
119 Medical certificates and reports to be evidence of certain facts
A medical certificate or medical report given or made for the purposes of this Act shall be admissible any
proceedings before any court on its production by any person and shall be prima facie evidence of—
(a) any facts stated in the certificate or report, so far as they are within the knowledge of the person giving
the certificate or making the report; and
(b) any opinion expressed in the certificate or report by the person giving or making it.
120 Visiting of patients
Any person detained in an institution, special institution or other place in terms of this Act may be visited at
any time by the Secretary or a member of the Mental Health Review Tribunal or by any person whom the
Secretary or the Tribunal may specially or generally appoint in writing for that purpose, and any such visit may be
made without prior notice.
121 Examination of patients by students
The medical superintendent of an institution or special institution may permit any medical practitioner,
psychiatric nurse practitioner, medical student or student nurse undergoing a course of training in psychiatry to
examine, for the purposes of that course, any patient detained in the institution or special institution concerned:
Provided that—
(i) the medical superintendent shall not give such permission unless he is authorized to do so by the
Minister;
(ii) in the case of a medical student or student nurse, no such examination shall be conducted except under
the supervision of a medical practitioner or psychiatric nurse practitioner approved by the medical
superintendent;
(iii) the medical superintendent’s permission shall not be construed as permitting the medical practitioner,
psychiatric nurse practitioner, medical student or student nurse to treat the patient;
(iv) no such examination shall be conducted if the patient, where he is capable of expressing volition, or the
patient’s guardian, curator, spouse, close relative or friend, lodges an objection to any such examination.
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