Release of classified patient
85 Release of classified patient
This section applies if an event happens that means there is no longer a reason for a classified patient to be in lawful custody if the person were not a classified patient (a release event).
Examples of when there is no longer a reason for a classified patient to be in lawful custody—
• the person would be in lawful custody on a charge of an offence, but the person has been granted bail or the prosecution of the charge is discontinued
• the person would be in lawful custody awaiting sentence on conviction for an offence, but the person has been sentenced to a term of imprisonment which has been suspended or an order of imprisonment has not been made
• the person would be in lawful custody serving a term of imprisonment, but the person has been released on parole or the term of imprisonment ends
Within 1 day after the release event happens, the person’s custodian must give the administrator of the person’s treating health service written notice of the release event.
Immediately after the administrator receives the notice—
the person stops being a classified patient; and
the administrator must not detain the person in the treating health service as a classified patient.
As soon as practicable after receiving the notice, the administrator must give the chief psychiatrist written notice of the release event.
Subsection (3) does not limit a power under this Act to detain a person in an authorised mental health service other than as a classified patient.
This Act’s bill:Explanatory memorandumSecond reading speech
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