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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reviews of condition and status of care recipients - Status of certain special care recipients - Special care recipients detained because unfit to stand trial

89: Form of clinical review certificate for special care recipients detained because unfit to stand trial

You could also call this:

"Certificate to check if special care is still needed for someone unfit to stand trial"

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

If you are a special care recipient because you were found unfit to stand trial, this law applies to you. You were found unfit to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003. A specialist assessor will complete a certificate about you, and they must give one of three opinions about you.

The specialist assessor must say if you are no longer unfit to stand trial. They must also say if you are still unfit to stand trial and if it is necessary for you to continue being cared for as a special care recipient. This is to keep you or others safe.

The assessor's opinion will help decide what happens to you next, based on what is best for you and for keeping others safe, as stated in the Criminal Procedure (Mentally Impaired Persons) Act 2003 and according to section 79.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225920.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
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88: Co-ordinator and court to have regard to specialist assessor's certificate, or

"The court and co-ordinator must consider a specialist's report when deciding about compulsory care."

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90: Attorney-General to be notified if special care recipient considered fit to stand trial, or

"The Attorney-General must be told if a special care recipient is now well enough to go to court."

Part 6Reviews of condition and status of care recipients
Status of certain special care recipients: Special care recipients detained because unfit to stand trial

89Form of clinical review certificate for special care recipients detained because unfit to stand trial

  1. This section applies to a person who is detained as a special care recipient because of an order, made under the Criminal Procedure (Mentally Impaired Persons) Act 2003, following a finding that the person is unfit to stand trial.

  2. When a specialist assessor completes a certificate, under section 79, for a person to whom this section applies, the assessor must state in respect of the person one of the following opinions:

  3. the person is no longer unfit to stand trial:
    1. the person is still unfit to stand trial and it is necessary, in the person's own interests or in the interests of the safety of any person, class of person, or the public, that the person continue to be cared for as a special care recipient:
      1. the person is still unfit to stand trial, but it is no longer necessary, in the person's own interests or in the interests of the safety of any person, class of person, or the public, that the person continue to be cared for as a special care recipient.