MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 276 Making a Secure Treatment Order

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 276

    (1)     The Secretary to the Department of Justice may make a Secure Treatment Order in relation to a person if—

        (a)     the person is detained in a prison or other place of confinement; and

        (b)     the person has been examined by a psychiatrist and the Secretary to the Department of Justice is satisfied by the production of the psychiatrist's report and any other evidence that the following criteria apply to the person—

              (i)     the person has mental illness; and

              (ii)     because the person has mental illness, the person needs immediate treatment to prevent—

    (A)     serious deterioration in the person's mental or physical health; or

    (B)     serious harm to the person or to another person; and

              (iii)     immediate treatment will be provided to the person if the person is made subject to a Secure Treatment Order; and

              (iv)     there is no less restrictive means reasonably available to enable the person to receive the immediate treatment; and

        (c)     the Secretary to the Department of Justice has received a report from the authorised psychiatrist for the designated mental health service to which it is proposed that the person be taken—

              (i)     recommending the making of the Secure Treatment Order; and

              (ii)     stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.

    (2)     Subsection (1) does not apply to a person who is—

        (a)     detained in a prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (whether on remand or under a supervision order made under that Act); or

        (b)     subject to a Court Secure Treatment Order and is detained in a prison or other place of confinement.