An Act to amend the Lunacy Act, 1898-1945, and certain other Acts: and for purposes connected therewith. [Assented to, 21st May, 1946.] BE LUNACY (AMENDMENT) ACT.
Act No. 38, 1946.
| BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis | lative Council and Legislative Assembly of New South |
| Wales in Parliament assembled, and by the authority of the same, as follows :— | |
| 1. (1) This Act may be cited as the "Lunacy (Amendment) Act, 1946." | |
| (2) The Lunacy Act of 1898, as amended by subse quent Acts and by this Act, may be cited as the Lunacy Act. 1898-1946. |
The Lunacy Act, 1898-1945, is amended by inserting
a t the end of section sixty-seven the following proviso:—
Provided that in any case in which a person has
been removed to and is kept in a hospital for the
criminal insane in pursuance of a direction given
by the Colonial Secretary under the provisions of
this section, the Colonial Secretary may at any time,
if in his opinion the circumstances so warrant, issue
his order to the superintendent of such hospital
directing that such person be removed to and kept
in such hospital for the insane (not being a hospital
2.
for the criminal insane) as he may appoint.
3. The Lunacy Act, 1898-1945, is further amended by inserting next after section sixty-seven the following new section:—
67A. (1) In any case in which a person charged with an offence for which he has not been tried (hereinafter called " the patient") is detained in a hospital for the insane or in a hospital for the
opinion that the question whether the patient is fit criminal insane the Attorney-General, if he is of to plead if put upon his trial should be determined by a jury, may by order under his hand direct that the patient be removed from the hospital in which he is detained to some gaol appointed by the Attorney-General and specified in the order.
(2) Such order shall be a sufficient warrant for the removal of the patient from the hospital in which he is detained and for his detention in the gaol appointed by the Attorney-General and specified in the order.
(3)
(3) The Attorney-General may further order- that a jury of twelve persons be empanelled for trial of an issue whether the patient is fit to plead if placed upon his trial.
(4) The said issue shall be tried at a time and place appointed by the Attorney-General before a judge of the Supreme Court or a chairman of Quarter Sessions.
(5) The governor of the gaol in which the patient is detained shall procure the attendance of the patient at the time and place appointed for the trial of the said issue.
(6) At the request of the Clerk of the Peace the Sheriff shall summon thirty-six persons chosen by him from the list of jurors in the Sydney juror 's list to attend at…