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Can a judge use the Mental Health Act to order the psychiatric examination of an accused who is in jail?

Yes. Under section 22 of the Mental Health Act (MHA) a judge can order an accused who is in custody to be admitted to a psychiatric facility for an examination.

If the accused has not been released on bail, the accused will remain in custody during the examination. A judge can also use section 21 of the MHA to order an accused who is not in custody to attend a psychiatric facility for an examination.

Mental health: