Power to order person’s detention in authorised mental health service

Current

(1)

This section applies if, after the trial of a person charged with an indictable offence has started, the court hearing the proceeding—

(a)

decides the person should be remanded in custody during an adjournment; and

(b)

is satisfied that, because of the person’s mental condition, the person should be detained in an authorised mental health service for treatment and care during the adjournment.

(2)

The court may order that the person be detained, during the adjournment, in an inpatient unit of a stated authorised mental health service if a written agreement has been given under this part for the person’s detention in the service.

Note—

An order made under subsection (2) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.

This Act’s bill:Explanatory memorandum Second reading speech

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193 Power to order person’s detention in authorised mental health service