Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 91

Diagnosis, assessment and treatment orders

91. Diagnosis, assessment and treatment 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 satisfied by the production of a certificate in the
        prescribed form of a psychiatrist and any other evidence that it may
        require that-

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

   (ii) the person's mental illness requires treatment and that treatment can
        be obtained by the person being subject to an order under this
        section; 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 a report in the prescribed form from the
        authorised psychiatrist of the approved mental health service in which
        the person is proposed to be detained-

   (i)  recommending the making of the order; and

   (ii) stating that there are facilities or services available at that
        service for the diagnosis, assessment and treatment of the person- the
        court may make an order (a diagnosis, assessment and treatment order)
        under which the person is detained in the approved mental health
        service as an involuntary patient to enable diagnosis, assessment and
        treatment for a period (not exceeding 3 months) to be specified in the
        order.

(2) A diagnosis, assessment and treatment order is sufficient authority for
the detention of the person who is subject to the order in an approved mental
health service.