Criminal Procedure (Mentally Impaired Persons) Act 2003

44 Detention pending hearing or trial
  • (1) If a defendant is brought before a court following an assessment of the defendant conducted under section 38(2)(b) or (c), the court may, on the application of a party or on the court's own initiative, order the detention of the defendant in a hospital or secure facility pending the hearing or trial.

    (2) If an order is made under subsection (1), any subsisting order under section 38(2)(b) or (c) is cancelled.

    (3) The court may not make an order under subsection (1) without the consent of the following persons:

    • (a) the defendant or, if the defendant is incapable of giving consent, the defendant's guardian:

    • (b) the Director of Area Mental Health Services for the hospital, or the co-ordinator for the secure facility, in which the defendant is to be detained.

    (4) An order made under subsection (1)—

    • (a) does not prevent the defendant from being brought before the court for the purposes of the hearing or trial:

    • (b) does not operate to delay the hearing or trial:

    • (c) is cancelled on the conclusion of the hearing or trial.

    (5) The court must, on the application of a party, cancel an order made under subsection (1) if,—

    • (a) in a case where the defendant is capable of giving consent, the defendant does not wish the order to continue; or

    • (b) in a case where the defendant is not capable of giving consent, the defendant's guardian does not wish the order to continue; or

    • (c) the Director of Area Mental Health Services for the hospital, or the co-ordinator for the secure facility, in which the defendant is detained does not wish the order to continue; or

    • (d) the court considers that detention of the defendant in a hospital or secure facility pending the hearing or trial is no longer necessary or appropriate.

    Compare: 1985 No 120 s 121(11)–(13)