Criminal Procedure (Mentally Impaired Persons) Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 13 December 2022

Coat of Arms of New Zealand

Criminal Procedure (Mentally Impaired Persons) Act 2003

Public Act
 
2003 No 115
Date of assent
 
30 October 2003
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1Title
Part 1
Preliminary provisions
2Commencement
3Purpose
4Interpretation
5Application
5ATransitional, savings, and related provisions
6Act binds the Crown
Part 2
Substantive provisions
Subpart 1—Findings of unfitness to stand trial and involvement in offence
7When finding of unfitness to stand trial may be made
8Postponement of finding
8ADetermining if defendant unfit to stand trial
9Court must be satisfied of defendant’s involvement in offence [Repealed]
10Inquiry before trial into defendant’s involvement in the offence
11Inquiry during Judge-alone trial into defendant’s involvement in offence
12Inquiry during jury trial into defendant’s involvement in offence
13Outcome of consideration of defendant’s involvement in offence
14Determining if defendant unfit to stand trial [Repealed]
15Jurisdiction may be exercised in absence of defendant
16Appeal by defendant against finding relating to fitness to stand trial or sufficiency of evidence
17Matters for appellate court on appeal under section 16
18Release on bail or detention of appellant pending appeal
19Appeals by prosecution
Subpart 2—Acquittals on account of insanity
20Finding of act proven but not criminally responsible on account of insanity
21Appeal against acquittal on account of insanity
22Release on bail or detention of appellant pending appeal
Subpart 3—Detention, treatment, and care of persons found unfit to stand trial or acquitted on account of insanity
Court orders
23Inquiries about persons found unfit to stand trial or insane
24Detention of defendant found unfit to stand trial or insane as special patient or special care recipient
25Alternative decisions in respect of defendant unfit to stand trial or insane
26Effect of alternative orders
27Court may stay proceedings when alternative decision made in respect of defendant unfit to stand trial
28Effect of orders under section 24 on prison sentences
29Appeals against orders under section 24 or section 25 or section 27
Change of status, and discharge, of persons detained as special patients or special care recipients
30Duration of detention as special patient or special care recipient where person unfit to stand trial
31Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial
32Proceedings stayed following certain directions under section 31
33Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity
33AReport by Director of Mental Health on defendant’s continued detention
33BWhen victims must be notified of impending decision under section 31 or 33
33CRight of victims to make submissions on proposed change of status
33DSubmissions from certain victims
33EVictims must be notified of decisions made under sections 31 and 33
33FInformation about victims not to be disclosed
Subpart 4—Detention, treatment, and care of defendants who are convicted
34Power of court to commit offender to hospital or facility on conviction
35Inquiries about persons for whom orders under section 34 proposed
36Offenders detained as patients
37Offenders detained as care recipients
Subpart 5—Assessment of defendants
38Power of court to require assessment report
39Directions as to assessments
40Period of detention may be extended
41Attendance at hospitals, etc, by persons detained in prisons
42Transfer of persons from hospitals, etc, to court, penal, or Police custody
43Medical treatment of persons detained in hospitals, etc
44Detention pending hearing or trial
45Disclosure of assessment reports
46Access to assessment reports
Part 3
Transitional and consequential provisions
Transitional provisions
47Transitional provisions
Amendments to other enactments
48Repeal of Part 7 of Criminal Justice Act 1985
49Amendment to Courts Martial Appeals Act 1953
50Amendments to Criminal Investigations (Bodily Samples) Act 1995
51Consequential amendments to other enactments
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Consequential amendments to other enactments
Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011
Notes