A court may make a non-custodial supervision order under s 26(2)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 even where no certificate of available services has been provided under s 47. The limitations in s 26(3)(b) are facultative — they prohibit certain conditions without a certificate but do not confine the general power to make NCSOs. The court may also nominate a person having supervision of the person subject to the order, including the DPP, even though the Act does not require such nomination.
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