Rights for Victims of Insane Offenders Bill

Hon Louise Upston

Rights for Victims of Insane Offenders Bill

Member’s Bill

129—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003
3Principal Act
3ASection 4 amended (Interpretation)
4New sections 20AAA to 20AAC inserted (Procedure when question of insanity arises)
20AAAProcedure when question of insanity arises
20AABProcedure when first question is whether defendant committed acts or omissions
20AACProcedure when first question is whether defendant was insane at time of commission of offence
5Section 20 replaced (Finding of insanity)
20Other procedure relating to finding of insanity
20Finding of insanity
6Section 31 amended (Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial)
6Section 31 amended (Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial)
7Section 33 amended (Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity)
7Section 33 amended (Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity)
7ANew sections 33A to 33E inserted
33AReport by Director of Mental Health on defendant’s continued detention
33BWhen victims must be notified of impending decision under section 31 or 33
33CRight of victims to make submissions on proposed change of status
33DSubmissions from certain victims
33EVictims must be notified of decisions made under sections 31 and 33
33FInformation about victims not to be disclosed
7BSchedule 1AA amended
Part 2
Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
8Principal Act
8ASection 2 amended (Interpretation)
8AANew section 2C inserted (Transitional, savings, and related provisions)
2CTransitional, savings, and related provisions
8BSection 50 replaced (Leave of special patients)
50Special patient defined
50AMinister may grant leave to special patients
50BWhen victims must be notified of impending decision under section 50A
50CRight of victims to make submissions on proposed leave of absence
50DSubmissions from certain victims
50EVictims must be notified of decisions made under section 50A
50FInformation about victims not to be disclosed
50GMinister may cancel leave of special patients
8CSection 52 replaced (Director may grant short-term leave)
52Director may grant short-term leave to special patients
8DNew sections 52B to 52H inserted
52BWhen victims must be notified of impending decision under section 52
52CRight of victims to make submissions on proposed leave of absence
52DSubmissions from certain victims
52EVictims must be notified of decisions made under section 52
52FInformation about victims not to be disclosed
52GDirector may cancel short-term leave of special patients
52HDirector may authorise Director of Area Mental Health Services to exercise certain powers
9Section 77 amended (Clinical reviews of certain special patients)
10Section 80 amended (Tribunal reviews of certain special patients)
11Schedule 1 amended (Procedural provisions relating to Review Tribunals)
3ARight of victim to make a submission
11AAANew Schedule 1AA inserted
11AConsequential amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
Part 3
Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
12Principal Act
12ASection 5 amended (Interpretation)
12AANew section 9A inserted (Transitional, savings, and related provisions)
9ATransitional, savings, and related provisions
12BNew sections 65A to 65E inserted
65AWhen victims must be notified of impending decision under section 65
65BRight of victims to make submissions on proposed leave
65CSubmissions from certain victims
65DVictims must be notified of decisions made under section 65
65EInformation about victims not to be disclosed
12CSection 66 amended (Minister may authorise leave for special care recipients)
12DNew sections 67B to 67H inserted
67BWhen victims must be notified of impending decision under section 66
67CWhen victims must be notified of impending decision under section 67
67DRight of victims to make submissions on proposed leave
67ESubmissions from certain victims
67FVictims must be notified of decisions made under section 66
67GVictims must be notified of decisions made under section 67
67HInformation about victims not to be disclosed
13Section 93 amended (Where person considered not to require further care as special care recipient)
13ANew Schedule 1 inserted
Part 4
Amendments to the Victims’ Rights Act 2002
14Principal Act
14ASection 4 amended (Interpretation)
14AANew section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
14BCross-heading above section 17AA replaced
Part 2A
Victim impact statements
Definitions and purpose
14CSection 17AA amended (Victim impact statement defined)
14DNew cross-heading above section 17 inserted
Information to be ascertained
14ESection 20 renumbered and repositioned (Statements by others disadvantaged by offence)
14FNew cross-heading above section 21AA inserted
Sentence indication
14GNew cross-heading above section 21 inserted
Use by judicial officer
14HSection 21 amended (Victim impact statement to be submitted to judicial officer)
14ISection 22 amended (Victim impact statement may be read to court)
14JSection 22A amended (Victim impact statement may be presented to court in some other manner)
14KNew section 22C inserted (Judicial officer not to take into account withheld part)
22CJudicial officer not to take into account withheld part
14LNew cross-heading above section 23 inserted
Distribution or disclosure
14MSection 26 repealed (Judicial officer not to take into account withheld part)
14NSection 28 and cross-heading renumbered and repositioned
14ONew section 30A and cross-heading inserted
Notice for victims of persons or offenders subject to mental health or intellectual disability care
30AVictims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation
15Section 37 amended (Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility)
15AAANew Schedule 1AA inserted
15AConsequential amendments to Victims’ Rights Act 2002
Part 5
Consequential amendments to other enactments
16Consequential 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: