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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Public protection orders - Imposition of public protection orders

12: Assessment whether respondent mentally disordered or intellectually disabled

You could also call this:

"Checking if someone has a mental health issue or disability before a court makes a protection order"

Illustration for Public Safety (Public Protection Orders) Act 2014

If a court thinks it can make a public protection order against someone, but it seems the person might be mentally disordered or intellectually disabled, the court can take a different step. The court can ask the chief executive to think about whether the person should be assessed under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. If the court does this, and the person is not already being held, the court must order that the person be held until a decision is made. When the chief executive considers whether to assess the person, and when a decision is made about the assessment, you are treated as if you are being held in prison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751105.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawHealth and wellbeing > Mental health
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"You must go to court: a judge orders you to attend a hearing about a public protection order."

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13: Court may make public protection order, or

"Court can stop someone from hurting others if they think that person is a risk"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Public protection orders: Imposition of public protection orders

12Assessment whether respondent mentally disordered or intellectually disabled

  1. This section applies where a court is satisfied that it could make a public protection order against a respondent and it appears to the court that the respondent may be mentally disordered or intellectually disabled.

  2. The court may, instead of making a public protection order, direct the chief executive to consider the appropriateness of an application in respect of the respondent under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

  3. Where the court gives a direction under subsection (2), the court must, if the respondent is not then detained under section 107, order the interim detention of the respondent under that section.

  4. For the purposes of any application under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 made as a result of the consideration directed under subsection (2) and for any determination arising out of such an application, the respondent is taken to be detained in a prison under an order of committal.