Criminal Procedure (Mentally Impaired Persons) Act 2003

Subpart 4Detention, treatment, and care of defendants who are convicted

34 Power of court to commit offender to hospital or facility on conviction
  • (1) If the court is satisfied of the matters specified in subsection (2), the court may deal with an offender who is convicted of an imprisonable offence—

    (2) For the purposes of subsection (1), the court must be satisfied, on the evidence of 1 or more health assessors, that the offender's mental impairment requires the compulsory treatment or compulsory care of the offender either in the offender's interest, or for the safety of the public or for the safety of a person or class of person.

    (3) Before the court makes an order under subsection (1)(a)(i) or (b)(i), the court must be satisfied on the evidence of 1 or more health assessors (at least 1 of whom must be a psychiatrist) that the defendant is mentally disordered.

    (4) Before the court makes an order under subsection (1)(a)(ii) or (b)(ii), the court must be satisfied on the evidence of 1 or more health assessors that the defendant—

    • (a) has an intellectual disability; and

    • (b) has been assessed under Part 3 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; and

    • (c) is to receive care under a care programme completed under section 26 of that Act.

    (5) No order may be made under this section in respect of an offender who is, at the time of the conviction, subject to a sentence of imprisonment.

    Compare: 1985 No 120 s 118(1), (2)