Accused persons

Section 35 remands an accused person awaiting trial or sentence to a specified hospital for observation, on evidence from one doctor of reason to suspect mental disorder; in practice, it is mainly used for the preparation of psychiatric reports. Section 36 remands a person accused of an imprisonable offence to hospital for treatment, on the evidence of two doctors, one of whom will be in charge of treatment. The patient must have a mental illness or severe mental impairment.

Both Sections 35 and 36 last 28 days, renewable at 28-day intervals up to 12 weeks.

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