Criminal Procedure (Mentally Impaired Persons) Act 2003

31 Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial
  • (1) This section applies to a defendant who has been found unfit to stand trial and who is detained as a special patient or as a special care recipient in accordance with an order under section 24 (the defendant).

    (2) If, before or on the expiry of the relevant maximum period specified in section 30, a certificate is given under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 to the effect that the defendant is no longer unfit to stand trial, the Attorney-General must either—

    • (a) direct that the defendant be brought before the appropriate court; or

    • (b) direct that the defendant be held as a patient or, as the case requires, as a care recipient.

    (3) If, at any time before the expiry of the relevant maximum period specified in section 30, a certificate is given under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 to the effect that, although the defendant is still unfit to stand trial, the continued detention of the defendant under section 24 is no longer necessary, the Minister of Health, acting with the concurrence of the Attorney-General, must—

    • (a) consider whether, in the Minister's opinion, the continued detention of the defendant under that section is no longer necessary; and

    • (b) direct that the defendant be held as a patient or, as the case requires, as a care recipient if, in the Minister's opinion, that detention is no longer necessary.

    (4) The Attorney-General must direct that the defendant be held as a patient or, as the case requires, as a care recipient if—

    • (a) the defendant is still detained as a special patient or as a special care recipient when the maximum period specified in section 30 expires; and

    • (b) no direction under subsection (2) or subsection (3) has been given in respect of the defendant; and

    • (c) no certificate of the kind referred to in subsection (2) has been given in respect of the defendant.

    (5) A direction under this section—

    (6) The powers and duties conferred and imposed on the Attorney-General by this section are not capable of being exercised or performed by the Solicitor-General.

    Compare: 1985 No 120 s 116(4)–(6A), (8)