Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 90

PART 5 MENTALLY ILL OFFENDERS

Assessment orders

90. Assessment orders







(1) If on the trial or hearing of a person for an offence-

   (a)  the person is found guilty; and

   (b)  the court is of the opinion that-

   (i)  the person appears to be mentally ill; and

   (ii) the person's mental illness may require treatment and that treatment
        may be obtained by the person being detained in an approved mental
        health service; and

   (iii) because of the person's mental illness, involuntary treatment of the
        person is necessary for his or her health or safety (whether to
        prevent a deterioration in the person's physical or mental condition
        or otherwise) or for the protection of members of the public; and

   (c)  the court has received advice in writing from the authorised
        psychiatrist of the approved mental health service in which the person
        is proposed to be detained stating that there are facilities or
        services available at that service for the assessment of the person's
        suitability for a restricted involuntary treatment order or a hospital
        security order-

the court may make an order (an assessment order) under which the person is
detained in an approved mental health service as an involuntary patient for a
period (not exceeding 72 hours) to be specified in the order to enable an
assessment to be made of his or her suitability for a restricted involuntary
treatment order or a hospital security order.

(2) An assessment order is sufficient authority for the detention of the
person who is subject to the order in an approved mental health service.