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Review of long-term detention.
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41.—(1) Where a person has been in detention under this Act in a district, special or registered psychiatric centre for a period of 2 years the medical officer in charge of the centre shall, if the person's detention has not been reviewed by a review board during the preceding 6 months, furnish a report on him to the appropriate review board within one month and the board shall review the detention and shall, as it thinks proper—
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(a) decide that the person should not be discharged, or
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(b) direct that he be discharged unconditionally or subject to conditions in regard to his continuing care or supervision.
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(2) Before directing the discharge of a person, the board shall satisfy itself that detention and treatment in the centre are no longer necessary in the interest of the person's health or safety or for the protection of other persons or property.
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(3) Where the review board directs the discharge of a person, the medical officer in charge of the centre shall discharge him forthwith, subject to any conditions specified by the review board.
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(4) In respect of a person whose detention is continued, the authorised medical practitioner with specific responsibility for the care of the person in the centre shall furnish a report on the person to the review board at the end of each subsequent two-year period of detention and the board shall act in accordance with the provisions of this section.
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(5) Where a review board under this section reviews the detention of a person and decides that he should not be discharged, that person, or—
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(a) the parent or guardian of that person,
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(b) the spouse of that person,
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(c) a brother or sister of that person being over 18 years of age, or
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(d) a son or daughter of that person being over 18 years of age,
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may, within one month of being informed of the decision of the board, appeal to the Minister against the decision.
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(6) Where an appeal is made to the Minister under subsection (5) the Minister shall designate a medical officer of the Minister or an authorised medical practitioner to examine the person concerned and to report to him. The Minister, having examined the report, shall, as he thinks proper, refuse the appeal or direct the discharge of the person conditionally or unconditionally and the medical officer in charge of the centre shall discharge him in accordance with the direction of the Minister.
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(7) In relation to persons who, at the commencement of this section, have been in detention for two years or more, the Minister may by order extend the period after which a review board may be required to review their detention and an order under this subsection may be made either generally or in respect of a particular centre or a particular person.
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(8) The Minister may by regulations reduce a period of two years referred to in subsection (1) or (4) to one year.
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