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CRIMINAL LAW (MENTALLY IMPAIRED ACCUSED) ACT 1996 - SECT 5

CRIMINAL LAW (MENTALLY IMPAIRED ACCUSED) ACT 1996 - SECT 5

5 .         Accused refused bail may be detained in authorised hospital

        (1)         This section applies if under the Bail Act 1982 a judicial officer refuses to grant bail to an accused.

        (2)         The judicial officer may make a hospital order in respect of the accused if the officer reasonably suspects —

            (a)         that the accused has a mental illness for which the accused is in need of treatment; and

            (b)         that, because of the mental illness, there is —

                  (i)         a significant risk to the health or safety of the accused or to the safety of another person; or

                  (ii)         a significant risk of serious harm to the accused or to another person;

                and

            (c)         that the accused does not have the capacity to consent to treatment.

        (3)         A hospital order is an order that the accused is to be taken to and detained in an authorised hospital and examined by a psychiatrist and —

            (a)         if he or she is made an involuntary inpatient, detained in an authorised hospital; or

            (b)         in any other case kept in custody,

                until a date set by the judicial officer that is not more than 7 days after the date on which the order was made at which time the accused is to be brought before the court stated in the order.

        (4)         Subject to this section, a hospital order has effect as if the accused had been referred under the Mental Health Act 2014 section 26(2) for an examination by a psychiatrist at an authorised hospital and that Act applies accordingly.

        (5)         A hospital order is not to be made if the accused is an involuntary inpatient.

        [Section 5 amended: No. 84 of 2004 s. 82; No. 25 of 2014 s. 12.]

        [Section 5. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]