Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1995 - SECT 81

Expiration of certain approved treatment facility orders

    (1)     At the expiry of an order made under section 80(1)(d) , or at any time before then, the court after considering a report from an authorised psychiatric practitioner nominated by the Chief Health Officer specifying the results of the diagnosis, assessment and treatment of the person may:

        (a)     make a further order in respect of the person under section 80(1)(d); or

        (b)     pass sentence, including by way of an order under section 80(1)(e), on the person according to law.

    (2)     Where at any time before the expiry of an order made under section 80(1)(d), the court receives advice in writing from an authorised psychiatric practitioner nominated by the Chief Health Officer that the person is not mentally ill or mentally disturbed, or that the detention of the person in an approved treatment facility is unnecessary or inappropriate, the court must pass sentence on the person according to law.

    (3)     Where a court in passing sentence under subsection (1)(b) imposes a term of imprisonment on the person or makes an order that the person be detained in an approved treatment facility under section 80(1)(e), it must deduct the period of time that the person was detained under the order made under section 80(1)(d).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback