Criminal Procedure (Mentally Impaired Persons) Act 2003

33 Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity
  • (1) This section applies to a defendant who has been acquitted on account of his or her insanity and who is detained as a special patient or a special care recipient in accordance with an order under section 24 (the defendant).

    (2) The order under which the defendant is detained continues in force until—

    • (a) a direction is given under this section that the defendant is to be held as a patient or as a care recipient; or

    • (b) the defendant is discharged in accordance with a direction given under this section.

    (3) If, at any time while the order continues in force, 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's continued detention under the order is no longer necessary to safeguard the interests specified in subsection (4), the Minister of Health must—

    • (a) consider whether, in the Minister's opinion, the defendant's continued detention is no longer necessary to safeguard those interests; and

    • (b) if, in the Minister's opinion, that detention is no longer necessary to safeguard those interests, direct—

      • (i) that the defendant be held as a patient or, as the case requires, as a care recipient; or

      • (ii) that the defendant be discharged.

    (4) The interests referred to in subsection (3) are—

    • (a) the defendant's own interests; and

    • (b) the safety of the public or the safety of a person or class of person.

    (5) A direction under this section—

    Compare: 1985 No 120 s 117