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.]