Clause 72

If a relative or friend of an accused confined pursuant to an order under section 249(9)(b) or (c)(i) wishes the accused to be delivered to the care and custody of the relative or friend —

the relative or friend may apply for this; and

the Minister may make an order that the accused be released on the following conditions:

the accused will be properly taken care of;

the accused will be prevented from injuring himself or any other person;

the accused will, when required, appear in court or before any officer that the court appoints for that purpose; (iv)any other conditions that the Minister may impose in any particular case.(2) The Minister must not order under subsection (1)(b) that the accused be released unless —

a designated medical practitioner has certified under section 247(6)(a) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or

after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (1)(b)(i) to (iv).(3) An order of the Minister under subsection (1)(b) may (but need not) specify —

for the purposes of subsection (1)(b)(i), a person by whom the accused will be properly taken care of; or

for the purposes of subsection (1)(b)(ii), a person by whom the accused will be prevented from injuring himself or any other person.(4) For the purposes of subsection (1)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (1)(b), include the following conditions:

the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act (Cap. 248), that is specified in the order;

the accused must present himself for any medical treatment that is specified in the order;

the accused must take any medication that is specified in the order;

the accused, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order;

a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused.(5) The Minister may, on the application of any party —

vary any condition mentioned in subsection (1)(b)(i), (ii) and (iii); and

vary, revoke or add to any condition mentioned in subsection (1)(b)(iv).(6) The Minister may, after considering the matters reported under section 253(3) in relation to the accused —

revoke an order under subsection (1)(b) in relation to the accused; and

make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused.(7) The Minister may also revoke an order under subsection (1)(b) in relation to the accused, and make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused, if —

the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or

any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person.(8) If a relative or friend of a person confined pursuant to an order under section 252(6)(a) or (7)(b) (called in this section the subject) wishes the subject to be delivered to the care and custody of the relative or friend —

the relative or friend may apply for this; and

the Minister may make an order that the subject be released on the following conditions:

the subject will be properly taken care of;

the subject will be prevented from injuring himself or any other person;

the subject will, when required, be produced for inspection by the principal officer of a psychiatric institution, at a time directed by the Minister;

any other conditions that the Minister may impose in any particular case.(9) The Minister must not order under subsection (8)(b) that the subject be released unless —

a designated medical practitioner has certified under section 252(3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or

after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (8)(b)(i) to (iv).(10) An order of the Minister under subsection (8)(b) may (but need not) specify —

for the purposes of subsection (8)(b)(i), a person by whom the subject will be properly taken care of; or

for the purposes of subsection (8)(b)(ii), a person by whom the subject will be prevented from injuring himself or any other person.(11) For the purposes of subsection (8)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (8)(b), include the following conditions:

the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act, that is specified in the order;

the subject must present himself for any medical treatment that is specified in the order;

the subject must take any medication that is specified in the order;

the subject, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order;

a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject.(12) The Minister may, on the application of any party —

vary any condition mentioned in subsection (8)(b)(i), (ii) and (iii); and

vary, revoke or add to any condition mentioned in subsection (8)(b)(iv).(13) The Minister may, after considering the matters reported under section 253(3) in relation to the subject —

revoke an order under subsection (8)(b) in relation to the subject; and

make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject.(14) The Minister may also revoke an order under subsection (8)(b) in relation to the subject, and make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject, if —

the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or

any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person.Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release256.—

If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) on any condition, may be discharged without danger of injuring himself or any other person, the Minister may —

order the person to be discharged; or

make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).(2) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody may be released on any condition (being a condition that may be imposed to minimise any risk that the person, if released, may injure himself or any other person), the Minister may —

make an order under section 249(9)(c)(ii) or 252(6)(b) for the release of the person; or

make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).(3) If, pursuant to subsection (1)(b) or (2)(b) or paragraph (b)(ii), the Minister makes an order under section 249(9)(b) or (c)(i) or 252(6)(a) for the person to be confined in a psychiatric institution, a prison or any other suitable place of safe custody —

the Minister may appoint a commission consisting of a Magistrate and 2 medical officers —

to make formal inquiry into the person’s state of mind, taking such evidence as is necessary; and

to report to the Minister; and

the Minister may, after receiving the report, as the Minister thinks fit —

order the person to be discharged; or

make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be).”.