LUNACY ACTS AMENDMENT BILL (No. 9.) (Hansard, 4 April 1889)

§ THE LORD CHANCELLOR
moved to insert after Clause 42, page 26, a new clause as follows:— 42A.—(1.) Mechanical means of bodily restraint shall not be applied to any lunatic unless the restraint is necessary for purposes of surgical treatment, or to prevent the lunatic from injuring himself. (2.) In every case where such restraint is applied, a medical certificate shall, as soon as it can be obtained, be signed, describing the mechanical means used, and stating the grounds upon which the certificate is founded. (3.) The certificate shall be signed, in the case of a lunatic in an asylum or hospital, by the medical superintendent or a medical officer thereof, in the case of a lunatic in a licensed house, by the medical proprietor or medical attendant of the house, in the case of a lunatic in a workhouse, by the medical officer of the workhouse, and in the case of a single patient, by his medical attendant. (4.) A full record of every case of restraint by mechanical means shall be kept from day to day; and a copy of the records and certificates under this section shall be sent to the Commissioners at the end of every quarter. (5.) Any person who acts in contravention of this section shall be guilty of a misdemeanour.

§ LORD HOBHOUSE
moved to insert after the first sub-section the words "or in case of gross violation of decency or order."

§ THE LORD CHANCELLOR
objected to the addition as inconsistent with the whole theory upon which this amendment of the law was desirable—namely, that the person directly responsible for the application of mechanical means of restraint should be the medical officer.

§ LORD HOBHOUSE
moved, after the words in Sub-section 5, "Any person who acts in contravention of this section," to insert the words "except under the reasonable belief that restraint is necessary."

§ THE LORD CHANCELLOR
objected to this, but consented to the introduction of the word "wilfully" before the word "acts."