Page:Mental Health (Care and Treatment) Act 2008.pdf/16

16 :(b) done anything under this Act, he shall not be liable to any civil or criminal proceedings, whether on the ground of want of jurisdiction or on any other ground, unless he has acted in bad faith or without reasonable care.

(2) No proceedings, civil or criminal, shall be brought against any person in any court in respect of any such matter as is mentioned in subsection (1) without the leave of the court, and leave shall not be given unless the court is satisfied that there is substantial ground for the contention that the person, against whom it is sought to bring the proceedings, has acted in bad faith or without reasonable care.

(3) Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and the person shall be entitled to be heard against the application.

Penalty for improper reception or detention

26.—(1) Subject to section 25, any person who—
 * (a) otherwise than in accordance with the provisions of this Act receives or detains in a psychiatric institution a person who is or is alleged to be mentally disordered; or
 * (b) for gain detains in any place, not being a psychiatric institution, 2 or more mentally disordered persons,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) No prosecution under this section shall be commenced without the consent of the Public Prosecutor.

Sum payable by Government to mentally disordered person

27. Where any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person by the Government, and the person to whom the sum is payable is found under the provisions of this Act to be mentally disordered, the Government may—
 * (a) pay so much of that sum as it thinks fit to the person having charge of the mentally disordered person; and
 * (b) pay the surplus, if any, or such part thereof as it thinks fit, for the maintenance of such members of the family of the mentally