NATIONAL MENTAL HEALTH ACT, 2021

Section 46: Admission of a criminal patient.

2021Section 46 of 58Federal Republic of Nigeria

(1) Where a person is brought before a Court for a criminal offence, or an offence punishable on summary conviction with imprisonment, the Court may by a hospital order authorise his admission for observation in a hospital if it has cause to suspect that the person may be suffering from mental disorder.
(2) Where the court is satisfied, on written evidence made within seven days of admission of two medical practitioners, one of whom is recognised to have special experience in the diagnosis and treatment of mental disorders, that-
(a) the offender is suffering from mental disorder, severe mental impairment or dissocial disorder,
(b) the mental disorder is of a severe nature or degree which warrants the detention of the patient in a hospital for medical treatment, and
(c) (c) the offender is likely to benefit from such treatment with respect to future criminal tendency and behaviour,
the court may decide that the most suitable method of disposing of the case is by means of an order under this section.
(3) Where an order is made under this section, the court shall cause the further detention of the offender in the hospital where the initial assessment of his mental state was made for further treatment until he is assessed as having made sufficient improvement to be discharged, and a report in that respect from the medical practitioners who made the initial assessment placed before the court.
(4) On receiving the report, the court shall order the discharge of the patient from hospital within three days of receiving the report and where the patient has not made satisfactory progress with treatment under subsection (2) within six months of the initial order, and a report in that respect from the medical practitioners referred to under subsection (2) of this Act is placed before the court, the court shall, in the interest of public safety issue a compulsory order for the detention and treatment of the patient for another period of six months and for multiple periods of six months thereafter provided that-
(a) the patient shall be advised on his right to appeal to the Mental Health Review Tribunal; and
(b) a medical report on the desirability of subsequent detention and treatment of the patient in the interest of public safety is made on each occasion.

Cite this section

Section 46, NATIONAL MENTAL HEALTH ACT, 2021 (2021).

https://repo.podus.ai/laws/national-mental-health-act-2021/section/46/