Custody orders under Criminal Law (Mental Impairment) Act 2023
41A Custody orders under Criminal Law (Mental Impairment) Act 2023
In this section —
custody order means a custody order under the Criminal Law (Mental Impairment) Act 2023;
Tribunal means the Mental Impairment Review Tribunal under the Criminal Law (Mental Impairment) Act 2023.
This section applies if under this Act an appeal court decides to —
make a custody order; or
confirm, vary or set aside a custody order.
The appeal court must give a memorandum setting out the effect of its decision to the Tribunal.
If the appeal court sets aside a custody order in relation to a person and does not replace it with another, the person who was subject to the custody order must be released as soon as practicable after the Tribunal receives the memorandum, unless the person is required to be held in custody or detained for some other reason.
The memorandum is part of the records of the Tribunal and is evidence of the matters stated in it.
[Section 41A inserted: No. 10 of 2023 s. 311.]
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