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Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

194: Power of Court Martial to commit to hospital on conviction

You could also call this:

"Court Martial can send you to hospital if you're mentally unwell after a crime"

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of a crime by a Court Martial, the court can decide what happens to you. The court can sentence you to prison and also order that you be taken to a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992. The court must be satisfied that you are mentally disordered and that you need to be detained in a hospital for your own safety or for the safety of others. You will be taken to a hospital as soon as possible after the court makes its decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404059.

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Part 10Special provisions for dealing with mentally impaired persons

194Power of Court Martial to commit to hospital on conviction

  1. If the Court Martial (whether in New Zealand or elsewhere) convicts a person of an offence that is punishable by imprisonment, the Court may, if satisfied of the matters specified in subsection (1A),—

  2. sentence the person to a term of imprisonment and also order that the person be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
    1. instead of passing sentence, order that the person be treated as a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

      1. For the purposes of subsection (1), the Court must be satisfied, on the evidence of 1 or more health assessors,—

      2. that the person is mentally disordered; and
        1. that the person’s mental impairment requires that the person should be detained either in the person’s interest or for the safety of the public or for the safety of a person or class of person.

          1. A sentence passed or an order made under subsection (1) is a sentence of the Court Martial, and section 61 of the Court Martial Act 2007 applies to both a sentence and an order under that subsection.

          2. No order shall be made under this section in respect of a person who is, at the time of the conviction, subject to a sentence of imprisonment or detention.

          3. An order made under subsection (1)(b) 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.

          4. Every such person shall be removed to a hospital as soon as practicable thereafter.

          Notes
          • Section 194: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
          • Section 194 heading: amended, on , by section 66(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 194(1): substituted, on , by section 66(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 194(1A): inserted, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
          • Section 194(1A): amended, on , by section 19(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
          • Section 194(1A): amended, on , by section 66(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 194(1B): inserted, on , by section 19(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
          • Section 194(2A): inserted, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
          • Section 194(2A): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
          • Section 194(3): amended, on , by section 66(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 194(3): amended, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).