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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inquiry by High Court Judge

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

You could also call this:

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

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

If you are a special care recipient because you were acquitted on account of insanity, a Judge will examine your situation. The Judge might decide it's no longer necessary for you to be a special care recipient for your own good or for the safety of others. In this case, the Judge can make an order that you be cared for in a different way, no longer under the criminal justice system, or that you stop being a care recipient altogether, as outlined in section 102(2). The Judge's order can change your status as a care recipient. You will either be cared for differently or you will not be a care recipient anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225945.

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Part 7Inspections and inquiries
Inquiry by High Court Judge

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

  1. If, after examining a person acquitted on account of insanity under section 102(2), the Judge is satisfied that 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, the Judge may order that—

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