Criminal Procedure (Mentally Impaired Persons) Act 2003

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
  • (1) When a person is found unfit to stand trial or is acquitted on account of his or her insanity, the court must order that inquiries be made to determine the most suitable method of dealing with the person under section 24 or section 25.

    (2) For the purposes of the inquiries under subsection (1), the court must either—

    • (a) make it a condition of a grant of bail that the person go to a place approved by the court for the purpose of the inquiries; or

    • (b) remand the person to a hospital or a secure facility.

    (3) Despite any provision in the Bail Act 2000, in deciding whether or not to grant bail for the purposes of subsection (2)(a), the need to protect the public is the paramount consideration.

    (4) The inquiries under subsection (1) must be completed as quickly as practicable and, in any event, within 30 days after the date of the order under which the inquiries are made.

    (5) A person who has an intellectual disability must, during the period in which the inquiries are made under subsection (1), be assessed under Part 3 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

    Compare: 1985 No 120 s 115(4)