Can a judge use the Mental Health Act to order the psychiatric examination of an accused who is in jail?
Last updated March 8, 2023
Yes. Under section 22 of the Mental Health Act (MHA) a judge can order an accused who is in custody to be admitted to a psychiatric facility for an examination. If the accused has not been released on bail, the accused will remain in custody during the examination. A judge can also use section 21 of the MHA…