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Rights for Victims of Insane Offenders Bill
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Hon Louise Upston
Rights for Victims of Insane Offenders Bill
Member’s Bill
129—3
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003
3
Principal Act
3A
Section 4 amended (Interpretation)
5
Section 20 replaced (Finding of insanity)
20
Finding of insanity
20
Finding of act proven but not criminally responsible on account of insanity
6
Section 31 amended (Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial)
7
Section 33 amended (Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity)
7A
New sections 33A to 33E inserted
33A
Report by Director of Mental Health on defendant’s continued detention
33B
When victims must be notified of impending decision under section 31 or 33
33C
Right of victims to make submissions on proposed change of status
33D
Submissions from certain victims
33E
Victims must be notified of decisions made under sections 31 and 33
33F
Information about victims not to be disclosed
7B
Schedule 1AA amended
Part 2
Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
8
Principal Act
8A
Section 2 amended (Interpretation)
8AA
New section 2C inserted (Transitional, savings, and related provisions)
2C
Transitional, savings, and related provisions
8B
Section 50 replaced (Leave of special patients)
50
Special patient defined
50A
Minister may grant leave to special patients
50B
When victims must be notified of impending decision under
section 50A
50C
Right of victims to make submissions on proposed leave of absence
50D
Submissions from certain victims
50E
Victims must be notified of decisions made under
section 50A
50F
Information about victims not to be disclosed
50G
Minister may cancel leave of special patients
8C
Section 52 replaced (Director may grant short-term leave)
52
Director may grant short-term leave to special patients
8D
New sections 52B to 52H inserted
52B
When victims must be notified of impending decision under
section 52
52C
Right of victims to make submissions on proposed leave of absence
52D
Submissions from certain victims
52E
Victims must be notified of decisions made under
section 52
52F
Information about victims not to be disclosed
52G
Director may cancel short-term leave of special patients
52H
Director may authorise Director of Area Mental Health Services to exercise certain powers
10
Section 80 amended (Tribunal reviews of certain special patients)
11
Schedule 1 amended
11AAA
New Schedule 1AA inserted
11A
Consequential amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
Part 3
Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
12
Principal Act
12A
Section 5 amended (Interpretation)
12AA
New section 9A inserted (Transitional, savings, and related provisions)
9A
Transitional, savings, and related provisions
12B
New sections 65A to 65E inserted
65A
When victims must be notified of impending decision under section 65
65B
Right of victims to make submissions on proposed leave
65C
Submissions from certain victims
65D
Victims must be notified of decisions made under section 65
65E
Information about victims not to be disclosed
12C
Section 66 amended (Minister may authorise leave for special care recipients)
12D
New sections 67B to 67H inserted
67B
When victims must be notified of impending decision under section 66
67C
When victims must be notified of impending decision under section 67
67D
Right of victims to make submissions on proposed leave
67E
Submissions from certain victims
67F
Victims must be notified of decisions made under
section 66
67G
Victims must be notified of decisions made under section 67
67H
Information about victims not to be disclosed
13A
New Schedule 1 inserted
Part 4
Amendments to Victims’ Rights Act 2002
14
Principal Act
14A
Section 4 amended (Interpretation)
14AA
New section 5A inserted (Transitional, savings, and related provisions)
5A
Transitional, savings, and related provisions
14B
Cross-heading above section 17AA replaced
Part 2A
Victim impact statements
Definitions and purpose
14C
Section 17AA amended (Victim impact statement defined)
14D
New cross-heading above section 17 inserted
Information to be ascertained
14E
Section 20 renumbered and repositioned (Statements by others disadvantaged by offence)
14F
New cross-heading above section 21AA inserted
Sentence indication
14G
New cross-heading above section 21 inserted
Use by judicial officer
14H
Section 21 amended (Victim impact statement to be submitted to judicial officer)
14I
Section 22 amended (Victim impact statement may be read to court)
14J
Section 22A amended (Victim impact statement may be presented to court in some other manner)
14K
New section 22C inserted (Judicial officer not to take into account withheld part)
22C
Judicial officer not to take into account withheld part
14L
New cross-heading above section 23 inserted
Distribution or disclosure
14M
Section 26 repealed (Judicial officer not to take into account withheld part)
14N
Section 28 and cross-heading renumbered and repositioned
14O
New section 30A and cross-heading inserted
Notice for victims of persons or offenders subject to mental health or intellectual disability care
30A
Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation
15AAA
New Schedule 1AA inserted
15A
Consequential amendments to Victims’ Rights Act 2002
Part 5
Consequential amendments to other enactments
16
Consequential amendments to other enactments
Schedule 1
New Part inserted into Schedule 1AA of Criminal Procedure (Mentally Impaired Persons) Act 2003
Schedule 2
New Schedule 1AA inserted in Mental Health (Compulsory Assessment and Treatment) Act 1992
Schedule 3
New Schedule 1 inserted in Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Schedule 4
New Schedule 1AA inserted in Victims’ Rights Act 2002
Schedule 5
Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: