Mental Health (Compulsory Assessment and Treatment) Act 1992

45 Application for assessment may be made in respect of persons detained in prisons

(1)

In this section, unless the context otherwise requires,—

institution means—

(a)

a prison; and

(b)

a certified institution under the Alcoholism and Drug Addiction Act 1966; and

(c)

a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014

superintendent,—

(a)

in relation to a prison, means the manager of that prison; and

(b)

in relation to a certified institution under the Alcoholism and Drug Addiction Act 1966, means the chief resident officer of that institution; and

(c)

in relation to a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014, means the residence manager within the meaning of that Act.

(2)

The superintendent of an institution, or any other officer of the institution authorised by the superintendent, may make an application under section 8A in respect of a person detained in the institution if the superintendent has reasonable grounds to believe that the person may be mentally disordered.

(3)

An application under subsection (2) is dealt with under Parts 1 and 2, subject to the following provisions:

(a)

if the detained person is already subject to the process described in sections 9 to 16, he or she remains subject to that process:

(b)

if the detained person is already subject to a compulsory treatment order, and section 36 does not apply to the order, he or she remains subject to the order:

(c)

if neither paragraph (a) nor paragraph (b) applies to the detained person, Parts 1 and 2 apply to the application but must be read subject to any necessary modifications and to the modifications in subsection (4).

(4)

The modifications referred to in subsection (3)(c) are as follows:

(a)

the assessment examination shall take place either—

(i)

in the institution within 48 hours after the receipt of the application; or

(ii)

if that is not practicable, in a hospital within 72 hours after the receipt of the application:

(b)

where the assessment examination is to be conducted in a hospital, the detained person may be removed by or under the direction of the superintendent or manager of the institution to the hospital for the purposes of the assessment examination, and may in like manner be taken back to the institution:

(c)

where the detained person is removed under paragraph (b) from a prison,—

(i)

that person shall not be detained in the hospital overnight, except in accordance with a notice of a kind referred to in paragraph (d); and

(ii)

unless and until such a notice is given, that person shall be deemed to continue to be in the legal custody of the person in whose custody he or she was under the Corrections Act 2004 notwithstanding that the person is absent from the institution:

(d)

where the certificate of preliminary assessment contains a finding of the kind described in section 10(1)(b)(ii), the medical practitioner giving the certificate shall give a notice in accordance with section 11(1), directing that the person be admitted to and detained in a specified hospital for the purposes of assessment and treatment throughout the first period of assessment and treatment; and, where the assessment interview was conducted in the institution, that notice shall be sufficient authority for the removal of the detained person from the institution to the hospital:

(e)

on the giving of the notice referred to in paragraph (d) in respect of any person who was detained in a prison, that person is deemed to have ceased to be in legal custody under the Corrections Act 2004:

(f)

if the certificate of further assessment contains a finding of the kind described in section 12(1)(b)(ii), the responsible clinician giving the certificate shall give a notice in accordance with section 13(1), directing that the person be admitted to and detained in a specified hospital for the purposes of assessment and treatment during the second period of assessment and treatment:

(g)

the court shall not make a community treatment order in respect of the person.

(5)

Neither the making of an application under subsection (2) nor the making of a compulsory treatment order, in relation to a person detained in a prison, prevents the bringing of the person before a court for hearing or trial, or operates to delay the hearing or trial.

Compare: 1969 No 16 s 42(1)(a), (2), (3), (8); 1972 No 22 s 6; 1985 No 122 s 4

Section 45 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(1) institution paragraph (a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(1) institution paragraph (b): amended, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Section 45(1) institution paragraph (c): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Section 45(1) superintendent paragraph (a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(1) superintendent paragraph (b): amended, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Section 45(1) superintendent paragraph (c): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Section 45(2): replaced, on 1 April 2000, by section 32(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 45(3): replaced, on 1 April 2000, by section 32(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 45(4): amended, on 1 April 2000, by section 32(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 45(4)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(4)(c): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(4)(c)(ii): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(4)(e): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 45(5): replaced, on 1 April 2000, by section 32(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 45(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).