Criminal Procedure (Mentally Impaired Persons) Act 2003

24 Detention of defendant found unfit to stand trial or insane as special patient or special care recipient
  • (1) When the court has sufficient information on the condition of a defendant found unfit to stand trial or acquitted on account of his or her insanity, the court must—

    • (a) consider all the circumstances of the case; and

    • (b) consider the evidence of 1 or more health assessors as to whether the detention of the defendant in accordance with one of the orders specified in subsection (2) is necessary; and

    • (c) make one of the orders referred to in paragraph (b) if it is satisfied that the making of the order is necessary in the interests of the public or any person or class of person who may be affected by the court's decision.

    (2) The orders referred to in subsection (1) are that the defendant be detained—

    (3) Before the court makes an order specified in subsection (2)(a), the court must have received evidence, under subsection (1)(b), about the defendant from at least 1 health assessor who is a psychiatrist.

    Compare: 1985 No 120 s 115(1)