HL Deb 25 July 1935 vol 98 c856

Page 3, line 4, at end insert: ("Provided that—

  1. (i) the Department shall, on application made by or on behalf of any such person as aforesaid, afford an opportunity to a medical practitioner employed by him or on his behalf to examine him not later than fourteen days before the expiry of his sentence, and the Secretary of State, before making an order under his subsection for the detention of such person, shall consider any report by such medical practitioner which may be submitted to him not later than ten days before the said expiry;
  2. (ii) the Department shall cause any person detained in the criminal lunatic asylum in pursuance of an order under this subsection to be medically examined at intervals as nearly as may be of three months and a report to be furnished to the Secretary of State whether such person is insane, whether he can be set at liberty without danger to the public or to himself, and whether, if lie is insane, it is advisable that he should be further detained in the criminal lunatic asylum rather than in any other asylum, and the Secretary of State shall, on receipt of such report, consider whether any and, if so, what further detention is necessary.")


My Lords, the object of the first paragraph of this Amendment is to confer a right upon any person proposed to be detained after the expiry of his sentence in the criminal lunatic asylum to be examined by his own doctor or by a doctor employed by his relatives or friends. This doctor's report will be considered by the Secretary of State before he makes an order for the person's detention after the expiry of the sentence. The second paragraph of the Amendment provides for the quarterly medical examination of every person who is detained after the expiry of his sentence in the criminal lunatic asylum, and for the review of each case by the Secretary of State in the light of the quarterly medical reports.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Strathcona and Mount Royal.)

On Question, Motion agreed to.