SENTENCING ACT 1991 - SECT 94 Court powers following Court Assessment Order

SENTENCING ACT 1991 - SECT 94

    (1)     If the court has considered a report made by an authorised psychiatrist after examining a person subject to a Court Assessment Order, the court may—

        (a)     make a Court Secure Treatment Order in relation to the person in accordance with section 94B; or

        (b)     impose sentence on the person according to law.

Note to s. 94(1) amended by No. 39/2022 s. 863.

Note

Section 177 of the Mental Health and Wellbeing Act 2022 provides that an authorised psychiatrist must give a report to the court after assessing a person subject to a Court Assessment Order.

    (2)     The court must deduct from the duration of the Court Secure Treatment Order or the sentence, the period of time that the person was detained under the Court Assessment Order.

Division 2—Court Secure Treatment Orders

S. 94A inserted by No. 26/2014 s. 435.