Criminal Procedure (Mentally Impaired Persons) Act 2003

42 Transfer of persons from hospitals, etc, to court, penal, or Police custody
  • (1) Even though a person has not yet been detained in a hospital or secure facility for the full period specified in an order under section 38(2)(c), the person may be transferred at the direction of the Director of Area Mental Health Services for the hospital or the co-ordinator for the secure facility to court or penal or Police custody for 1 or more of the purposes specified in subsection (3).

    (2) If the assessment report on a person is sent to the court before the expiry of the period for which a person has been ordered to be detained in a hospital or secure facility under section 38(2)(c), the person must be transferred at the direction of the Director of Area Mental Health Services for the hospital or the co-ordinator for the secure facility to court or penal or Police custody for 1 or more of the purposes specified in subsection (3).

    (3) The purposes for transferring a person to court or penal or Police custody, referred to in subsection (1) or subsection (2), are—

    • (a) any hearing or the trial in respect of a charge against the person:

    • (b) the sentencing of the person:

    • (c) an appeal against the conviction of the person or against a sentence or order imposed on the person.

    (4) The transfer of a person under subsection (1) or subsection (2) to court or penal or Police custody is sufficient authority for the detention of the person in that custody until the expiry of the period for which the person has been ordered to be detained in a hospital or secure facility under section 38(2)(c).

    Compare: 1985 No 120 s 121(8), (10)

    Section 42(3)(a): replaced, on 1 July 2013, by section 4 of the Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011 (2011 No 87).