(6) Where an urgency application has been made and it is necessary for force to be used to remove the patient concerned to a suitable place for care, assessment, treatment or control, the applicant may apply to a magistrate for the issue of an order for the patient’s apprehension and his removal to a suitable place for care, assessment treatment and control, and the magistrate may issue such an order if he considers that the circumstances require it. 12 Magistrate or designated officer may order apprehension in certain cases (1) In this section— “designated officer” means— (a) a provincial administrator, in respect of the province for which he has been appointed; or (b) a district administrator or district officer, in respect of the district for which he has been appointed; or (c) any other employee of the State or of a local authority who is declared by the Minister, by notice in the Gazette, to be a designated officer in respect of the area specified in the notice. (2) If information on oath is given to a magistrate that a person is believed to be mentally disordered or intellectually handicapped and is— (a) dangerous to himself or others; or (b) wandering at large and unable to take care of himself; the magistrate may by order require a police officer to apprehend the person and bring him before any magistrate with jurisdiction in the area where the person is found. (3) If a magistrate is not available, an application referred to in subsection (2) may be made to a designated officer for the area in which the person concerned is alleged to be wandering at large, and the designated officer may make an order referred to in that subsection. (4) A magistrate before whom a patient is brought in terms of subsection (2) shall, if he considers it necessary for the public safety or for the welfare of the patient, issue an order directing the patient’s removal to a hospital, prison or other suitable place for examination, and a person in charge thereof 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 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 police station whilst in the course of being removed to a hospital or other suitable place for examination. (5) The person in charge of any hospital, prison, police station or other place who has received a patient in terms of subsection (4) shall forthwith obtain the advice of a medical practitioner or psychiatric nurse practitioner and, as soon as possible thereafter— (a) 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; or (b) cause an application to be made in terms of section fifty-three for the reception and treatment of that patient as a temporary patient in terms of Part VII: Provided that this subsection shall no apply to the person in charge of a prison or a police station who has received a patient in terms of proviso (ii) to subsection (4). (6) A patient shall not be detained under an order issued in terms of subsection (4) 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 (7). (7) 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 (6), 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. 13 Powers and duties of police officers in regard to certain patients (1) Subject to subsection (2), if a police officer has reason to believe that any person is mentally disordered or intellectually handicapped and— (a) is not under safe and proper care, treatment or control; or (b) is neglected or cruelly treated by any person having the care or charge of him; or (c) is of suicidal tendency or in any way dangerous to himself or to others; or (d) acts in a manner offensive to public decency; the police officer shall forthwith either apply in terms of section four for a reception order in respect of that patient or cause such an application be made. (2) If a police officer believes that— (a) a person is apparently mentally disordered or intellectually handicapped and is— (i) dangerous to himself or to others; or

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