1 Title
Part 1Preliminary provisions
2 Commencement
3 Purpose
4 Interpretation
5 Application
6 Act binds the Crown
Part 2Substantive provisions
Subpart 1—Findings of unfitness to stand trial
7 When finding of unfitness to stand trial may be made
8 Postponement of finding
9 Court must be satisfied of defendant's involvement in offence
10 Inquiry at summary hearing into defendant's involvement
11 Inquiry at depositions into defendant's involvement
12 Inquiry at trial into defendant's involvement
13 Outcome of consideration of defendant's involvement
14 Determining if defendant unfit to stand trial
15 Jurisdiction may be exercised in absence of defendant
16 Appeal by defendant against finding relating to fitness to stand trial
17 Matters for appellate court on appeal under section 16
18 Release on bail or detention of appellant pending appeal
19 Appeals by prosecution
Subpart 2—Acquittals on account of insanity
20 Finding of insanity
21 Appeal against acquittal on account of insanity
22 Release on bail or detention of appellant pending appeal
Subpart 3—Detention, treatment, and care of persons found unfit to stand trial or acquitted on account of insanity
Court orders
23 Inquiries about persons found unfit to stand trial or insane
24 Detention of defendant found unfit to stand trial or insane as special patient or special care recipient
25 Alternative decisions in respect of defendant unfit to stand trial or insane
26 Effect of alternative orders
27 Court may stay proceedings when alternative decision made in respect of defendant unfit to stand trial
28 Effect of orders under section 24 on prison sentences
29 Appeals against orders under section 24 or section 25 or section 27
Change of status, and discharge, of persons detained as special patients or special care recipients
30 Duration of detention as special patient or special care recipient where person unfit to stand trial
31 Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial
32 Proceedings stayed following certain directions under section 31
33 Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity
Subpart 4—Detention, treatment, and care of defendants who are convicted
34 Power of court to commit offender to hospital or facility on conviction
35 Inquiries about persons for whom orders under section 34 proposed
36 Offenders detained as patients
37 Offenders detained as care recipients
Subpart 5—Assessment of defendants
38 Power of court to require assessment report
39 Directions as to assessments
40 Period of detention may be extended
41 Attendance at hospitals, etc, by persons detained in prisons
42 Transfer of persons from hospitals, etc, to court, penal, or police custody
43 Medical treatment of persons detained in hospitals, etc
44 Detention pending hearing or trial
45 Disclosure of assessment reports
46 Access to assessment reports
Part 3Transitional and consequential provisions
Transitional provisions
47 Transitional provisions
Amendments to other enactments
48 Repeal of Part 7 of Criminal Justice Act 1985
49 Amendment to Courts Martial Appeals Act 1953
9EA Appeal by accused against finding relating to fitness to stand trial
50 Amendments to Criminal Investigations (Bodily Samples) Act 1995
51 Consequential amendments to other enactments
ScheduleConsequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: