174Remand of defendant under 18 years for assessment report

1. Any court may remand a defendant who is under 18 years in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 for the purposes of an assessment report under section 38 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 if—

2. the court is satisfied that the chief executive is able and willing to keep the defendant in custody for the purpose of the assessment report for any period, not exceeding 14 days, that the court thinks fit; and
3. the court would (in the absence of section 171 or 172 or 175) have remanded the defendant to a prison in accordance with section 38(2)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 for the purposes of the assessment report.

4. If, in any case to which section 38(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 applies, the defendant is under the age of 18 years, the provisions of section 38(2)(c) to (4) and sections 40 to 44 of that Act must be read as if—

5. any reference to remand to a prison were a reference to remand to the custody of the chief executive; and
6. any reference to the manager of a prison were a reference to the chief executive; and
7. any reference to penal custody were a reference to the custody of the chief executive.

8. If a person is remanded in the custody of the chief executive under subsection (1), that person may, until he or she is brought up for hearing or sentence, be placed in any residence under the Oranga Tamariki Act 1989, or under the care of any suitable person pursuant to that Act.