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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inquiry by High Court Judge

105: Orders Judge may make in relation to special care recipient detained because unfit to stand trial

You could also call this:

"What happens to you if you're unfit to stand trial and need special care"

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 section applies to you. You were found unfit to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003. A Judge will examine you to decide what to do next.

The Judge can decide to send you to court if they think you are able to stand trial. The Judge can also decide to dismiss the charge against you if they think it is the right thing to do and it is fair.

If the Judge thinks it is no longer necessary for you to be a special care recipient, they can order that you be cared for in a different way or that you stop being a care recipient altogether.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225944.

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104: Judge may release care recipient no longer subject to criminal justice system, or

"A Judge can set you free from care if you don't need it or aren't breaking the law."

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106: Orders Judge may make in relation to special care recipient detained because acquitted on account of insanity, or

"What happens to you if a Judge decides you don't need special care anymore because you were found not guilty due to insanity."

Part 7Inspections and inquiries
Inquiry by High Court Judge

105Orders Judge may make in relation to special care recipient 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 under the Criminal Procedure (Mentally Impaired Persons) Act 2003, made following a finding that the person is unfit to stand trial (the accused).

  2. After examining the accused under section 102(2), the Judge may,—

  3. if the Judge considers the accused is capable of being tried on the charge, direct that the accused be brought before the appropriate court; or
    1. if in the circumstances of the case the Judge considers it proper to do so and the interests of justice so permit, direct that the charge against the accused be dismissed (whether or not the accused is capable of being tried).

      1. If, after examining the accused under section 102(2), the Judge is satisfied that it is no longer necessary, in the accused's own interests or in the interests of the safety of any person, class of person, or the public, that the accused continue to be cared for as a special care recipient, the Judge may order that—

      2. the accused be cared for as a care recipient no longer subject to the criminal justice system under this Act; or
        1. the accused cease to be a care recipient under this Act.

          Compare
          Notes
          • Section 105(2)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 105(2)(b): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).