Criminal Procedure (Mentally Impaired Persons) Act 2003

• Jurisdiction: New Zealand
• Reference: 2003 No 115
• Citation: 2003 No 115
• Record Number: DLM223817
• Act Number: 115
• Type of Document: Act

Contenidos

• Criminal Procedure (Mentally Impaired Persons) Act 2003
• Contents
• 1 Title
• Part 1
• 2 Commencement
• 3 Purpose
• 4 Interpretation
• 5 Application
• 5A Transitional, savings, and related provisions
• 6 Act binds the Crown
• Part 2
• Part 1
• 7 When finding of unfitness to stand trial may be made
• 8 Postponement of finding
• 8A Determining if defendant unfit to stand trial
• 9 Court must be satisfied of defendant's involvement in offence
• 10 Inquiry before trial into defendant's involvement in the offence
• 11 Inquiry during Judge-alone trial into defendant's involvement in offence
• 12 Inquiry during jury trial into defendant's involvement in offence
• 13 Outcome of consideration of defendant's involvement in offence
• 14 Determining if defendant unfit to stand trial
• 15 Jurisdiction may be exercised in absence of defendant
• 16 Appeal by defendant against finding relating to fitness to stand trial or sufficiency of evidence
• 17 Matters for appellate court on appeal under section 16
• 18 Release on bail or detention of appellant pending appeal
• 19 Appeals by prosecution
• Part 2
• 20 Finding of act proven but not criminally responsible on account of insanity
• 21 Appeal against acquittal on account of insanity
• 22 Release on bail or detention of appellant pending appeal
• Part 3
• 23 Inquiries about persons found unfit to stand trial or insane
• 24 Detention of defendant found unfit to stand trial or insane as special patient or special care recipient
• 25 Alternative decisions in respect of defendant unfit to stand trial or insane
• 26 Effect of alternative orders
• 27 Court may stay proceedings when alternative decision made in respect of defendant unfit to stand trial
• 28 Effect of orders under section 24 on prison sentences
• 29 Appeals against orders under section 24 or section 25 or section 27
• 30 Duration of detention as special patient or special care recipient where person unfit to stand trial
• 31 Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial
• 32 Proceedings stayed following certain directions under section 31
• 33 Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity
• 33A Report by Director of Mental Health on defendant’s continued detention
• 33B When victims must be notified of impending decision under section 31 or 33
• 33C Right of victims to make submissions on proposed change of status
• 33D Submissions from certain victims
• 33E Victims must be notified of decisions made under sections 31 and 33
• 33F Information about victims not to be disclosed
• Part 4
• 34 Power of court to commit offender to hospital or facility on conviction
• 35 Inquiries about persons for whom orders under section 34 proposed
• 36 Offenders detained as patients
• 37 Offenders detained as care recipients
• Part 5
• 38 Power of court to require assessment report
• 39 Directions as to assessments
• 40 Period of detention may be extended
• 41 Attendance at hospitals, etc, by persons detained in prisons
• 42 Transfer of persons from hospitals, etc, to court, penal, or Police custody
• 43 Medical treatment of persons detained in hospitals, etc
• 44 Detention pending hearing or trial
• 45 Disclosure of assessment reports
• 46 Access to assessment reports
• Part 3
• 47 Transitional provisions
• 48 Repeal of Part 7 of Criminal Justice Act 1985
• 49 Amendment to Courts Martial Appeals Act 1953
• 50 Amendments to Criminal Investigations (Bodily Samples) Act 1995
• 51 Consequential amendments to other enactments
• Schedules
• 1AA Transitional, savings, and related provisions
• Part 1
• Part 2
• 1 Consequential amendments to other enactments
• Armed Forces Discipline Act 1971 (1971 No 53)
• Children, Young Persons, and Their Families Act 1989 (1989 No 24)
• Coroners Act 1988 (1988 No 111)
• Crimes Act 1961 (1961 No 43)
• Criminal Justice Act 1985 (1985 No 120)
• Electoral Act 1993 (1993 No 87)
• Extradition Act 1999 (1999 No 55)
• International Crimes and International Criminal Court Act 2000 (2000 No 26)
• Juries Act 1981 (1981 No 23)
• Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)
• Parole Act 2002 (2002 No 10)
• Penal Institutions Act 1954 (1954 No 51)
• Sentencing Act 2002 (2002 No 9)
• Summary Proceedings Act 1957 (1957 No 87)
• Victims' Rights Act 2002 (2002 No 39)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Criminal Procedure (Mentally Impaired Persons) Act 2003

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1 Title

This Act is the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Part 1

2 Commencement

This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

Despite subsection (1), if the date appointed under that subsection is prior to the commencement of section 4A of the Criminal Investigations (Bodily Samples) Act 1995, section 50 comes into force on that commencement.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Section 2(1): Criminal Procedure (Mentally Impaired Persons) Act 2003 brought into force, on 1 September 2004, by clause 2 of the Criminal Procedure (Mentally Impaired Persons) Act...