Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Compulsory care and rehabilitation of prisoners and former special patients - Assessment of prisoners and former special patients

36: Prisoners to appear in court

You could also call this:

"Prisoners must go to court for trials, hearings, and sentencing, even if they need care."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are a prisoner and you have done something wrong, you still have to go to court. You have to go to court for your trial, or for a hearing about what you did, or for your sentencing. You also have to go to court if you want to appeal, which means you want to ask the court to change its decision. Being a prisoner who needs care does not mean you can stay in prison instead of going to court. It also does not mean that your court case will be delayed. You can find more information about this by looking at the Corrections Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225432.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal lawRights and equality > Anti-discrimination

35: Proposed care recipients may have to stay in facility, or

"Some people might have to stay in a special place while their care is being decided."

37: Assessment examination, or

"A specialist checks if you need care to stay safe and be safe for others."

Part 4Compulsory care and rehabilitation of prisoners and former special patients
Assessment of prisoners and former special patients

36Prisoners to appear in court

The fact that a prisoner who is charged with, or convicted of, an offence is also a proposed care recipient or a care recipient does not—
prevent the prisoner from being taken to—
1. the trial or hearing of that offence; or
2. any sentencing for that offence; or
3. any hearing of an appeal in respect of that offence; or
operate to delay any trial, hearing, or sentencing referred to in paragraph (a).

Compare

1992 No 46 s 45(5)

Notes

Section 36 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 36: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 36(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).