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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

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

You could also call this:

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

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

If you are a co-ordinator and you get a certificate that says a person is still unfit to stand trial, but they do not need special care anymore, you must send this certificate to the Minister and the Attorney-General. You send it to them so they can use it for section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. When you send the certificate, you can also add your own comments or recommendations if you think they are relevant.

When you forward the certificate to the Minister, you are allowed to add any comments or recommendations you think are appropriate. This means you can include any extra information you think the Minister should know. You do this by sending the certificate and your comments to the Minister.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225922.

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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."

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92: Form of clinical review certificate for special care recipients detained because acquitted on account of insanity, or

"Certificate to check if special care is still needed for people found not guilty due to insanity"

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

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

  1. If a certificate in the form required by section 89 states that a person is still unfit to stand trial, but that it is no longer necessary that the person be cared for as a special care recipient, the co-ordinator must forward the certificate to the Minister and the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

  2. In forwarding a certificate to the Minister, the co-ordinator may add any comments or recommendations that the co-ordinator considers appropriate.