Criminal Procedure (Mentally Impaired Persons) Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Justice
24 Detention of defendant found unfit to stand trial or insane as special patient or special care recipient


When the court has sufficient information on the condition of a defendant found unfit to stand trial or acquitted on account of his or her insanity, the court must—


consider all the circumstances of the case; and


consider the evidence of 1 or more health assessors as to whether the detention of the defendant in accordance with one of the orders specified in subsection (2) is necessary; and


make one of the orders referred to in paragraph (b) if it is satisfied that the making of the order is necessary in the interests of the public or any person or class of person who may be affected by the court’s decision.


The orders referred to in subsection (1) are that the defendant be detained—


in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or


in a secure facility as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.


Before the court makes an order specified in subsection (2)(a), the court must have received evidence, under subsection (1)(b), about the defendant from at least 1 health assessor who is a psychiatrist.

Compare: 1985 No 120 s 115(1)