Mental Health (Compulsory Assessment and Treatment) Act 1992

36 Compulsory treatment order to cease to have effect in certain cases

• (1) Notwithstanding any of the preceding provisions of this Part, if, at any time while a compulsory treatment order is in force in respect of any person, that person becomes subject to an order made by a court under section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the compulsory treatment order shall be suspended during the currency of that other order.

  (2) Notwithstanding any of the preceding provisions of this Part, a compulsory treatment order in respect of any person shall cease to have effect if that person—

  • (a) becomes subject to an order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

  • (b) is sentenced by a court to be detained in a prison.

  Section 36(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 36(2)(a): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 36(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).