Mental Health Order
Responsibilities of Medical Social Officer and Police Officer
'Medical Social Officer': a member of Medical Social Work Services in the Ministry of Health.
'Police Officer': according to the Police Act, means any member of the Royal Brunei Police Force.
Joined forces with other important agencies.
Usually, we require help from police officers if a patient refuse to return to the hospital or shows acts of violence.
This acts as a safety precaution for the patient, medical staff, family members of patient as well as bystanders. More importantly, this is to ensure a safe and efficient transfer of patient to the facility.
'Apprehension form'
Needs to be filled in completely and to be sent to the officer in charge of the psychiatric facility (hospital) that accepts mentally disabled patients.
Apprehension of mentally disordered person.
Any police officer or medical social officer may apprehend any person whom he has reason to suspect is mentally disordered and poses a risk of danger to himself or to other persons or to any property.
The police officer or medical social officer who has apprehended a person, as mentioned above, shall immediately after the apprehension, bring him to a designated medical practitioner in a psychiatric facility for examination.
Apprehension of involuntary patient.
Where an involuntary patient ordered to be detained in a psychiatric facility-
a) absents himself from that facility without leave of absence granted under section 16(1);
b) fails to return to that facility–
i) after the expiration of any period of leave of absence granted to him under section 16(1) or (2); or
ii) upon being required to return under section 16(3),
he may be taken into custody by any police officer, medical social officer or any person authorized in writing by the officer in charge for the purpose of bringing him to that facility.
Admission of voluntary and involuntary patient into psychiatric facility.
Requires an application made by a relative or friend of that person to the officer in charge; and a recommendation by a medical practitioner based on his examination of that person made not more than 5 days before the application that-
a) he is suffering from a mental disorder of a nature or degree which warrants his admission into a psychiatric facility for the purposes of assessment or treatment; or
b) he ought to be detained in the interest of his health or safety or for the protection of other persons.
The officer in charge shall, not more than 72 hours after the patient's admission, cause such examination as he may consider necessary to be conducted by a designated medical practitioner in that psychiatric facility on the patient to determine whether or not his continued detention is justified.
Patients can be detained for 1 month, 6 months and so on based on examinations conducted by medical practitioner in a psychiatric facility.
An involuntary patient that has been detained in a psychiatric facility pursuant to an order made, he shall, before the expiration period of 6 months, be brought before the Visitors who shall examine him and make inquiries relating to his admission and detention.
Community care treatment
1. An involuntary patient who has been discharged or granted leave of absence from a psychiatric facility may be required by the Board or the officer in charge or any officer authorized by him, as the case may be, to undergo community care treatment at any community mental health center.
2. The community care treatment at any community mental health center shall be provided on an out-patient basis, and no patient shall be kept in any part of a community mental health center for more than 24 hours.
3. An involuntary patient who fails to comply with the requirement under subsection (1) may be taken into custody by any police officer, medical social officer or any person authorized in writing by the officer in charge of the psychiatric facility for the purpose of bringing him to be examined by a designated medical practitioner of the psychiatric facility.
Suspected mentally disordered person abused etc. by person convicted under any written law.
Where a person has been convicted of any offence under any written law involving–
a) abuse, assault, neglect, abandonment or exposure of another person in a manner likely to cause such other person physical or emotional injury or who causes or permits such other person to be abused, assaulted, neglected, abandoned or exposed; or
b) sexual abuse of another person or causes such other person to be abused,
And the court has reason to suspect that other person is a mentally disordered person and is not under proper care, the court may make an order for that other person to be sent to a designated medical practitioner in a psychiatric facility for examination.
Suspected mentally disordered person neglected or ill-treated.
1. If it appears to a court, on the report of a police officer or on the information of any other person, that a person who is suspected of being a mentally disordered person–
a) is not under proper care and control; or
b) is neglected or being ill-treated by any relative or by any person having charge of him, the court may send for the person who is suspected of being a mentally disordered person and summon the relative or the person having, or who ought to have, charge of him.
2. Where the court is satisfied that the person summoned under subsection (1) has charge of the suspected mentally disordered person, it may make an order-
a) requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned; or
b) for the mentally disordered person to be sent to a designated medical practitioner in a psychiatric facility for examination.
3. It is the duty of every police officer not below the rank of Inspector or police officer in charge of a police station to immediately report to the court every case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge.
4. If an order is made by the court under subsection (2) –
(a)any designated medical practitioner in a psychiatric facility, any police officer not below the rank of Inspector or police officer in charge of a police station, or any medical social officer shall, at such reasonable time as the court may fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and
(b)the person who was ordered by the court to properly care for and treat the suspected mentally disordered person shall produce him for such purpose to the designated medical practitioner, police officer or medical social officer
5. Any person who fails to comply with an order under subsection (2) or who refuses to produce the suspected mentally disordered person under subsection (4)(b) is guilty of an offence and liable on conviction –
(a) in the case of an offence under subsection (2), to a fine not exceeding $20,000, imprisonment for a term not exceeding 10 years or both; and
(b) in the case of an offence under subsection (4)(b), to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Chapter 40 – 64 Higher Court
41. The Court may, on an application made before it, make an order directing an inquiry to determine whether a person subject to the jurisdiction of the Court and alleged to be a mentally disordered person is incapable of managing himself and his affairs due to such mental disorder.
43. Power to examine person alleged to be mentally disordered person.
44. Power to send person alleged to be mentally disordered person to psychiatric facility for observation.
47. Appointment of suitable person or group of persons. (to handle the well-being of the mentally disordered person and of the estate of the mentally disordered person)
48. Power of management of estate of mentally disordered person.
52. Dealing with property of mentally disordered person.
60. Power to order maintenance without appointing suitable person or group of persons.
61. Temporary provision for maintenance.
62. Order for reception of mentally disordered person.
Part X. General.
Chapter 65 – 83
65. Giving of consent for surgery etc. (to undergo life-sustaining medical and surgical procedures, psychosurgery or electroconvulsive therapy).
'Assessment of capacity and consent'
66. Duty to give information to patients. (under which provision of this Order the patient is detained and the effect of the provision)
Chapter 69. Sums payable by Government to mentally disordered person.
1) Where any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person by the Government, and that person is found under this Order to be a mentally disordered person, any public servant authorized to make such payment shall pay -
a) so much of that sum as he considers fit to the person having charge of the mentally disordered person for purposes of the maintenance of the mentally disordered person; and
b) the surplus or such part of the surplus, if any, as he considers fit, for the maintenance of the members of the family of the mentally disordered person who are dependent on him for maintenance.
2) Any person having charge of the mentally disordered person who fails to comply with or contravenes subsection (l)(a) is guilty of an offence and liable on conviction to a fine of $5,000, imprisonment for a term not exceeding 5 years or both.
Chapter 70. Neglect or ill-treatment of patient.
70(1) Any officer or staff who –
a) wilfully neglects or ill-treats a patient receiving treatment for mental disorder as an in-patient in that psychiatric facility, community psychiatric residence, community mental health centre or government or private healthcare premises; or
b) Willfully neglects or ill-treats, on the premises of which such psychiatric facility, community psychiatric residence, community mental health centre or government or private healthcare facility forms a part, a patient receiving treatment there as an out-patient,
Is guilty of an offence.
3) A person who ill-treats or wilfully neglects a mentally disordered person who is in his custody or under his care and protection is guilty of an offence.
4) A person guilty of an offence under this section is liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 10 years or both, and whipping.
Chapter 72. Penalty for improper reception and detention.
Any person who –
a) otherwise than in accordance with the provisions of this Order or any other written law, admits or detains in a psychiatric facility a person who is or is alleged to be a mentally disordered person; or
b) for gain, detains in any place, not being a psychiatric facility, any mentally disordered person,
is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 7 years or both.
