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Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

193: Duration of order for detention as special patient when person acquitted on account of his insanity

You could also call this:

"How long you stay in a special hospital if you're found not guilty due to insanity"

Illustration for Armed Forces Discipline Act 1971

If you are found not guilty of a crime because you are insane, the Court Martial can make an order to keep you in a special hospital. This order stays in place until you are told you can leave or you are kept as a patient. You will be kept as a patient or let go if the Minister of Health says so, after getting a report from a doctor under section 77 or section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992. If the Minister of Health says you should be kept as a patient, this is like getting a compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992. The rules of this Act will then apply to you. The Minister's decision is based on whether you need treatment for your own good or to keep others safe. You can be discharged if the Minister of Health decides you no longer need to be kept in the hospital. This decision is made after the Minister gets a report from a doctor. The report says whether you still need to be in the hospital for your own good or for the safety of others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404053.

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Part 10Special provisions for dealing with mentally impaired persons

193Duration of order for detention as special patient when person acquitted on account of his insanity

  1. If an order is made by the Court Martial pursuant to section 191(1) in respect of an accused person who has been acquitted on account of his insanity, the order shall continue in force until—

  2. a direction is given under this section that that person shall thereafter be held as a patient; or
    1. that person is discharged pursuant to a direction given under this section.

      1. If at any time while the order continues in force a certificate of clinical review is given by the responsible clinician under section 77 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a certificate of Tribunal review is given under section 80 of that Act, that the person’s mental condition no longer requires, either in the person’s own interest or for the safety of any person or class of person or the public, that he or she should be subject to the order, the Minister of Health may direct that the person shall thereafter be held as a patient, or that the person be discharged.

      2. A direction that the person shall be held as a patient shall be deemed for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992 to be a compulsory treatment order, and the provisions of that Act shall apply accordingly.

      Notes
      • Section 193: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
      • Section 193(1): amended, on , by section 65 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 193(1)(a): amended, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
      • Section 193(2): substituted, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
      • Section 193(2): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
      • Section 193(3): added, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).