MENTAL HEALTH ACT 2016 - SECT 797A Particular periods counted as imprisonment or detention

MENTAL HEALTH ACT 2016 - SECT 797A

797A Particular periods counted as imprisonment or detention

(1) This section applies to a period for which a person—

(a) is a classified patient in relation to an offence; or

(b) is subject to a forensic order or treatment support order in relation to an offence, if the category of the order is inpatient; or

(c) is detained in an authorised mental health service, in relation to an offence, under—

(i) a court examination order; or

(ii) an order made under section 124 (1) (b) , 183 (c) (ii) , 193 (2) or 551 (4) (b) .

(2) The period is—

(a) for the Penalties and Sentences Act 1992 —taken to be imprisonment already served by the person under the sentence for the offence, unless the sentencing court orders otherwise; or

Note—

See the Penalties and Sentences Act 1992 , section 159A in relation to time held in presentence custody.

(b) for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted as part of the person’s period of imprisonment or period of detention for the offence.

(3) However, subsection (2) does not apply to a period for which the person is granted bail for the offence.