South Australian Current Acts South Australian Current Acts269X—Power of court to deal with defendant before proceedings completed
(1) If there is to be
an investigation into a defendant's mental competence to commit an offence, or
mental fitness to stand trial, or a court conducting committal proceedings
reserves the question whether there should be such an investigation for
consideration by the court of trial, the court by which the investigation is
to be conducted, or the court reserving the question for consideration,
may—
(a)
release the defendant on bail to appear later for the purposes of the
investigation; or
(b)
commit the defendant to custody (in which case the defendant will, subject to
subsections (4) and (5), be detained as if the defendant had been
remanded in custody awaiting trial or sentence) until the conclusion of the
investigation.
(2) If a court
declares a defendant to be liable to supervision under this Part, but
unresolved questions remain about how the court is to deal with the defendant,
the court may—
(a)
release the defendant on bail to appear subsequently to be dealt with by the
court; or
(b)
commit the defendant to custody (being an appropriate form of custody
determined, from time to time, by the Minister) until some subsequent date
when the defendant is to be brought again before the court.
(3) A defendant
committed to custody under subsection (1)(b) is in the custody of the CE
(regardless of where the defendant is detained or the form of custody in which
the defendant is detained) and, subject to subsections (4) and (5), the
CE may give such directions as to the custody, supervision and care of the
defendant as the CE considers appropriate.
(4) If, at the time at
which a defendant is committed to custody under subsection (1)(b), the
defendant is an involuntary inpatient at a treatment centre in accordance with
the Mental Health Act 2009 (because the defendant is subject to an
inpatient treatment order under that Act)—
(a) the
defendant must continue to be confined at the treatment centre for the
duration of the inpatient treatment order and each subsequent inpatient
treatment order that follows on from that order (if any); and
(b) at
the conclusion of the confinement referred to in paragraph (a), the
defendant will (subject to subsection (5)) be detained as if the
defendant had been remanded in custody awaiting trial or sentence.
(5) If, at any time
during the detention of a defendant under subsection (1)(b), the
designated officer is satisfied that the defendant is not being detained in an
appropriate form of custody, the designated officer may determine an
appropriate form of custody and that determination is sufficient authorisation
for the detention of the defendant in that alternative form of custody.
(6) The regulations
may make provision in relation to the manner in which the designated officer
is to determine an appropriate form of custody for the purposes of
subsection (5).
(7) In this
section—
"CE" has the same meaning as in the Correctional Services Act 1982 ;
"designated officer" means the person, or holder of the office, prescribed by
the regulations for the purposes of this section.