MENTAL HEALTH ACT 1990 - SECT 84 Release of persons after review

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 84

84 Release of persons after review

(1) If, within 30 days after the date of being notified under section 83 of a recommendation for the release of a person, the Attorney General has indicated an objection to the person's release on the ground that:

(a) the person has served insufficient time in custody or under detention, or

(b) the Attorney General or the Director of Public Prosecutions intends to proceed with criminal charges against the person,

the prescribed authority may not order the person's release.

(2) If, within 30 days after the date of any such notification, the Attorney General has not indicated any such objection to the person's release, the prescribed authority may, subject to the regulations, make an order (either unconditionally or subject to conditions) for the person's release.

(3) Before ordering the person's release, the prescribed authority must inform the Minister for Police of the date of the person's release.

(4) If a recommendation is made under section 81 for a person's release, the prescribed authority may, subject to the regulations, make an order (either unconditionally or subject to conditions) for the person's release.