Part 6Reviews of condition and status of care recipients
Status of certain special care recipients: Change of status of certain special care recipients resulting from ministerial directions or court order
94Status of special care recipients found unfit to stand trial or insane
On the date that a direction is given under section 31 or section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 105 or section 106 of this Act that a person be held as a care recipient, the direction becomes, for the purposes of this Act, a compulsory care order made under section 45 that must be regarded as—
- having been made on that date in respect of that person for a term of 6 months; and
- requiring that person to receive secure care.
To avoid doubt, a compulsory care order resulting from the operation of subsection (1) may be varied and extended under this Act.
Despite subsection (1), a person to whom this section applies must be reviewed under section 77 as soon as practicable after the direction under the Criminal Procedure (Mentally Impaired Persons) Act 2003 or this Act is given.
If the review conducted in accordance with subsection (3) is completed by a certificate to the effect that the person to whom this section applies no longer needs to be cared for as a care recipient, the person must be released from every restraint under this Act.