Criminal Procedure (Mentally Impaired Persons) Act 2003

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

care recipient has the same meaning as that given to the expression care recipient no longer subject to the criminal justice system in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

compulsory care order has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

compulsory treatment order means a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

co-ordinator means a compulsory care co-ordinator appointed under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

counsel, in relation to a person, means a barrister and solicitor of the High Court of New Zealand who is representing the person in proceedings

court means any court exercising jurisdiction in criminal proceedings

facility and secure facility have the same meanings as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

guardian includes a welfare guardian appointed under section 12 of the Protection of Personal and Property Rights Act 1988

health assessor means—

(a)

a practising psychiatrist who is registered as a medical practitioner; or

(b)

a psychologist; or

hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992

imprisonable offence means any offence punishable by imprisonment, regardless of any restriction imposed by an enactment on the jurisdiction or power of the court dealing with a particular case

intellectual disability has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

special care recipient has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

unfit to stand trial, in relation to a defendant,—

(a)

means a defendant who is unable, due to mental impairment, to conduct a defence or to instruct counsel to do so; and

(b)

includes a defendant who, due to mental impairment, is unable—

(i)

to plead:

(ii)

to adequately understand the nature or purpose or possible consequences of the proceedings:

(iii)

to communicate adequately with counsel for the purposes of conducting a defence.

(2)

If this Act comes into force before the commencement of section 114(1) of the Health Practitioners Competence Assurance Act 2003, then, until that commencement, subsection (1) must be read as if, for the definitions of medical practitioner and psychologist, there were substituted the following definitions:

medical practitioner means a medical practitioner registered under the Medical Practitioners Act 1995

psychologist means a psychologist registered under the Psychologists Act 1981

Compare: 1985 No 120 ss 2(1), (2), 108

Section 4(1) acquittal on account of insanity: repealed, on 1 July 2013, by section 4 of the Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011 (2011 No 87).