(1) If, in the opinion of the Director of Area Mental Health Services, a special patient detained following an application made under section 45(2) or subject to an order made under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is fit to be released, that officer may, with the consent of the Director, direct that the special patient be taken to a prison to serve the remainder of the patient's sentence or the order applicable to the patient, or otherwise be dealt with according to law.
(2) The Director may at any time direct that any patient who is detained in a hospital pursuant to section 46 be removed to a prison to undergo the remainder of his or her sentence or otherwise to be dealt with according to law.
(3) Where a direction is given under subsection (1) or subsection (2), the Director shall notify the chief executive of the Department of Corrections who shall arrange for the patient to be removed to the prison within 7 days after the date of the direction unless an application is sooner made under section 8A for assessment of the patient.
(4) If a patient who is detained under section 46 wishes to be removed to a prison to undergo the remainder of his or her sentence or otherwise to be dealt with according to law, the Director of Area Mental Health Services shall make the necessary arrangements as soon as practicable, unless an application is sooner made under section 8A for assessment of the patient.
(5) Any direction given under this section in respect of any patient shall be sufficient authority for the removal of the patient to the institution specified in the direction and for the reception of the patient there; and on such removal, the patient shall be deemed to have been released from assessment and treatment as a patient under this Act.
Compare: 1969 No 16 s 44(1)–(3); 1979 No 100 s 2
Section 47 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 47 heading: amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 47(1): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 47(1): amended, on 1 June 2005, pursuant to section 206 of the Corrections Act 2004 (2004 No 50).
Section 47(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 47(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 47(3): amended, on 1 April 2000, by section 76 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).
Section 47(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Section 47(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 47(4): amended, on 1 April 2000, by section 76 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).