Mental Health Act 2013

This section applies to a person who – is subject to a restriction order; or being subject to a supervision order, is apprehended under section 31 of the Criminal Justice (Mental Impairment) Act 1999; or is subject to an order under section 39(1)(b)(ii) of the Criminal Justice (Mental Impairment) Act 1999; or is subject to an order referred to in section 73 of the Sentencing Act 1997 providing or allowing for the person's admission to and detention in an SMHU; or is subject to an order under section 47 of the Justices Act 1959 committing the person to an SMHU; or is subject to an order under section 348 of the Criminal Code committing the person to an SMHU; or is subject to an order under section 105 of the Youth Justice Act 1997 remanding the person to an SMHU; or is subject to any other order of a court under the Criminal Justice (Mental Impairment) Act 1999, Criminal Code Act 1924, Justices Act 1959, Sentencing Act 1997 or Youth Justice Act 1997 remanding or committing the person to or in, or otherwise requiring the person to be detained in, an SMHU; or if the person is a prisoner (but not a detainee under the Youth Justice Act 1997), the person's removal from a prison to an SMHU is directed under section 36A(2) or (3) of the Corrections Act 1997; or if the person is a detainee under the Youth Justice Act 1997, the person's removal from a detention centre to an SMHU is directed under section 134A(2) or (3) of that Act.

A person to whom this section applies may be admitted to an SMHU.

A person who is admitted to an SMHU under subsection (2) is a forensic patient for the purposes of this Act. The admission to an SMHU of a person referred to in subsection (1)(i) or (j) is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3.