Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners52. Magisterial enquiry concerning transfer to designated health establishments |
| (1) | If the person conducting the enquiry referred to in section 50, finds that the mental illness of the convicted prisoner is of such a nature that the prisoner concerned ought to be cared for and treated in a health establishment designated in terms of section 49, the head of the prison must request a magistrate to cause a subsequent enquiry to be conducted into the mental health status of the prisoner as to whether a transfer to a health establishment designated in terms of section 49 would be appropriate. |
| (2) | The magistrate must commission two mental health care practitioners of whom at least one must be a psychiatrist, psychologist or medical practitioner with special training in mental health to enquire into the mental health status of the prisoner concerned and to make recommendations on whether the prisoner concerned should be transferred to a health establishment designated in terms of section 49. |
| (3) | If the mental health care practitioners recommend that – |
| (a) | the prisoner should be cared for, treated and rehabilitated at a health establishment designated in terms of section 49, the magistrate must issue a written order to the head of the prison to transfer the prisoner concerned to that health establishment according to the procedure set out in section 54; or |
| (b) | the prisoner need not be cared for and treated in a health establishment designated in terms of section 49, but instead be cared for and treated in the prison in which the convicted prisoner is in custody, the magistrate must issue a written order to the head of the prison to take the necessary steps to ensure that the required levels of care and treatment are provided to the prisoner concerned. |