A court that finds a person guilty of an offence may make an assessment order in respect of that person if –

(a) the court is of the opinion that –

(i) the person appears to be suffering from a mental illness that may require treatment; and

(ii) the treatment can be obtained by admission to and detention in an approved hospital or a secure mental health unit; and

(iii) the person should be so admitted for the person's own health or safety or for the protection of members of the public; and

(b) the court has received advice in writing from an approved medical practitioner at the approved hospital to which it is proposed to admit the person, or from the Chief Psychiatrist if it is proposed to admit the person to a secure mental health unit, that –

(i) it is appropriate for the person to be so admitted; and

(ii) the approved hospital or secure mental health unit has the facilities and staff to undertake an assessment of the person's suitability for an order under section 75 .