Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

196: Insanity of certain persons while serving sentences of imprisonment under this Act

You could also call this:

"What happens if you become mentally unwell while in military prison"

Illustration for Armed Forces Discipline Act 1971

If you are in a New Zealand service penal establishment, it is considered a prison for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992. You can be moved to a hospital in New Zealand if you become mentally disordered while serving a sentence outside New Zealand. The Attorney-General can order this move if a health assessor says you are mentally disordered, and it will be like a compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404071.

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Part 10Special provisions for dealing with mentally impaired persons

196Insanity of certain persons while serving sentences of imprisonment under this Act

  1. Notwithstanding anything to the contrary in the Mental Health (Compulsory Assessment and Treatment) Act 1992, every service penal establishment in New Zealand shall be deemed to be a prison for the purposes of section 45 of that Act.

  2. If a person under sentence of imprisonment or detention under this Act who is serving his sentence outside New Zealand becomes mentally disordered, then, without prejudice to any other provision for dealing with him, the Attorney-General may, on a certificate to that effect by a health assessor, order his removal to a hospital in New Zealand; and every such order shall have effect for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if it were a compulsory treatment order under that Act.

Notes
  • Section 196(1): substituted, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
  • Section 196(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 196(2): amended, on , by section 20 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
  • Section 196(2): amended, on , by section 140(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).