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

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

You could also call this:

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

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

If you are a special care recipient and a doctor thinks you are now fit to stand trial, the co-ordinator must send a certificate to the Attorney-General. The certificate must be in the form required by section 89. The co-ordinator sends the certificate to the Attorney-General so they can use it for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. When the co-ordinator sends the certificate, they can also add their own comments or recommendations if they think it is appropriate. The co-ordinator does this to make sure the Attorney-General has all the information they need.

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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=DLM225921.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination

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

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

91: Ministers to be notified if care for person as special care recipient considered no longer necessary, or

"Tell the Minister if a person no longer needs special care"

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

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

If a certificate in the form required by section 89 states that a person is no longer unfit to stand trial, the co-ordinator must forward the certificate to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
In forwarding a certificate to the Attorney-General, the co-ordinator may add any comments or recommendations that the co-ordinator considers appropriate.