Criminal Procedure (Mentally Impaired Persons) Act 2003

Reprint as at 1 July 2013

Criminal Procedure (Mentally Impaired Persons) Act 2003

Public Act2003 No 115
Date of assent30 October 2003
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Interpretation

5 Application

6 Act binds the Crown

Part 2
Substantive provisions

Subpart 1Findings 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 before trial into defendant's involvement in the offence

11 Inquiry during Judge-alone trial into defendant's involvement

12 Inquiry during jury 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 2Acquittals 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 3Detention, 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 4Detention, 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 5Assessment 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 3
Transitional 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

50 Amendments to Criminal Investigations (Bodily Samples) Act 1995

51 Consequential amendments to other enactments

Schedule
Consequential amendments to other enactments

Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011

Reprint notes