New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 25

25 Transfer from correctional centre or detention centre

(1) This section applies to a person who is awaiting committal for trial or trial for an offence or summary disposal of the person’s case.

(2) If it appears to a Magistrate that it may be appropriate to transfer a person to whom this section applies from a correctional centre or detention centre to a mental health facility under section 86, the Magistrate may make an order directing-

(a) that the defendant be examined by 2 medical practitioners, 1 of whom is a psychiatrist, and

(b) that, if appropriate, the relevant certificates be given to the Secretary under section 86, and

(c) that the Chief Executive, Justice Health or, in the case of a person who is under the age of 18 years, the Secretary of the Department of Communities and Justice to ensure that the Magistrate is notified of the action, if any, taken under section 86.