169 Order for detention of defendant in hospital or secure facility

(1)

Despite section 168(4), the court may, instead of issuing a warrant under that subsection, make an order for the defendant’s detention in a hospital or secure facility pending the defendant’s trial if the court is satisfied of the matters in subsection (2).

(2)

Before making an order under subsection (1), the court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—

(a)

the defendant is mentally impaired; and

(b)

the defendant’s mental condition requires that, in the defendant’s own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.

(3)

In this section,—

(a)

health assessor has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:

(b)

hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

(c)

secure facility has the same meaning as in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

Compare: 1957 No 87 s 184T(2), (3)

Section 169 heading: amended, on 1 July 2013, by section 10 of the Criminal Procedure Amendment Act 2013 (2013 No 25).