2 Apr 2001
Re Patient L
- Citation
- Re Patient L
- Court
- District Court
- Case number
- DCMP740/2001
Because section 32(4) forbids continued detention after the maximum period under sections 31 and 32 unless the person is a voluntary patient, and because section 36 requires the patient to be liable to detention under some other provision, a District Judge must refuse to countersign a Form 7 where there is no evidence the patient is liable to be detained under any provision other than s36; accordingly the Form 7s were unlawful to countersign and marked abuse of process.