Criminal Procedure Code 2010 · 2020 Revised Edition · Part 13 · General Provisions Relating to Proceedings in Courts
256. 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 release
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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 —
principal officer
“principal officer”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008;
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).
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 —
psychiatric institution
“psychiatric institution” has the meaning given by the Mental Health (Care and Treatment) Act 2008.
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).
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 —
place
“place” includes —(a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, and whether or not situated underground or underwater;(d)any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and(e)any part of any place referred to in paragraphs (a) to (d);
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).