(1) Subject to subsection (2) of this section, no medical practitioner and no clinical psychologist shall disclose in any criminal proceeding any protected communication made to him by a patient, being the defendant in the proceeding, except with the consent of the patient.
(2) This section shall not apply to any communication made for any criminal purpose.
(3) In subsection (1) of this section, protected communication means a communication made to a medical practitioner or a clinical psychologist by a patient who believes that the communication is necessary to enable the medical practitioner or clinical psychologist to examine, treat, or act for the patient for—
but does not include any communication made to a medical practitioner or a clinical psychologist by any person who has been required by any order of a Court, or by any person having lawful authority to make such requirement, to submit himself or herself to the medical practitioner or clinical psychologist for any examination, test, or other purpose.
(4) In subsection (3)—
drug dependency means the state of periodic or chronic intoxication, produced by the repeated consumption, smoking, or other use of a controlled drug (within the meaning of section 2(1) of the Misuse of Drugs Act 1975) detrimental to the user, and involving a compulsive desire to continue consuming, smoking, or otherwise using the drug or a tendency to increase the dose of the drug
medical practitioner includes any person acting in his or her professional character on behalf of a medical practitioner in the course of the treatment of any patient by that medical practitioner.
This Act was repealed, as from 1 August 2007, pursuant to section 215 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).
Subsection (1) was amended, as from 13 November 1989, by section 5(1) Evidence Amendment Act 1989 (1989 No 104) by substituting “no registered medical practitioner and no clinical psychologist shall”
for “a registered medical practitioner shall not”
.
Subsection (1) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”
. See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (3) was substituted, as from 13 November 1989, by section 5(2) Evidence Amendment Act 1989 (1989 No 104).
Subsection (3) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”
wherever it occurred. See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (4) Clinical psychologist: this definition was inserted, as from 13 November 1989, by section 5(3) Evidence Amendment Act 1989 (1989 No 104).
Subsection (4) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.