The Court made an extended custody order for 3 years and 6 months under s 110(1) of the Criminal Law (Mental Impairment) Act 2023 (WA) in respect of a respondent with chronic treatment-resistant schizophrenia, antisocial personality disorder and substance use disorder, being satisfied to a high degree of probability that the order was necessary to ensure adequate protection of the community against an unacceptable risk of serious violent offending. The limiting term was calibrated to allow up to 6 months for transfer to the Frankland Centre, up to 2 years for a trial of clozapine, and up to 12 months for transition planning. The Court emphasised that continued detention in prison was counter-therapeutic and that prompt transfer to a forensic psychiatric hospital was imperative.
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