Mental Health (Compulsory Assessment and Treatment) Act 1992

48 Relationship between detention in hospital and sentence

• (1) For the purposes of this section,—

  • (a) a reference to a person means a person who—

    • (i) is detained in a hospital, either following an application under section 45(2) or under section 46 of this Act or under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

    • (ii) having been so detained, is on leave:

  • (b) a reference to leave means leave under section 50 or section 52:

  • (c) a reference to a sentence means a sentence, an order of committal, or an order of detention:

  • (d) liability to detention under a sentence ceases on the earliest of the following dates:

    • (i) the date specified in an order of the New Zealand Parole Board that the person be released on parole or compassionate leave:

    • (ii) the release date (if any) of the person's sentence, as defined under Part 1 of the Parole Act 2002:

    • (iii) the date on which the sentence is determined.

  (2) The term of a sentence applicable to a person immediately before his or her admission to hospital—

  • (a) continues to run while the person is in a hospital or is on leave; and

  • (b) ceases to run if, before the person's liability to detention under the sentence ceases,—

    • (i) he or she escapes from a hospital; or

    • (ii) he or she fails to return on the expiry or cancellation of leave; and

  • (c) does not begin to run again until the person is retaken.

  (3) The person ceases to be detained as a special patient at the time he or she ceases to be liable to be detained under any sentence and,—

  • (a) if at that time he or she is a person who is subject to the process described in sections 9 to 16 as the result of an application under section 45(2), he or she remains subject to the process:

  • (b) if at that time he or she is a person who is subject to a compulsory treatment order as the result of an application under section 45(2), he or she remains subject to the compulsory treatment order:

  • (ba) if at that time he or she is subject to an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, he or she is deemed to be subject to a compulsory treatment order:

  • (c) if at that time he or she is a person in the hospital under section 46, he or she becomes a voluntary patient.

  Section 48: substituted, on 1 April 2000, by section 33 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 48(1)(a)(i): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 48(1)(d): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 48(3)(ba): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).