New Zealand Acts

CRIMINAL PROCEDURE (MENTALLY IMPAIRED PERSONS) ACT 2003

- As at 13 December 2022
- Act 115 of 2003

TABLE OF PROVISIONS

   1.      Title

   PART 1 - Preliminary provisions

   2.      Commencement
   3.      Purpose
   4.      Interpretation
   5.      Application
   5A.     Transitional, savings, and related provisions
   6.      Act binds the Crown

   PART 2 - Substantive provisions

           SUBPART 1 - Findings of unfitness to stand trial and involvement in offence
           Note

   7.      When finding of unfitness to stand trial may be made
   8.      Postponement of finding
   8A.     Determining if defendant unfit to stand trial
   9.      Court must be satisfied of defendant's involvement in offence
   10.     Inquiry before trial into defendant's involvement in the offence
   11.     Inquiry during Judge-alone trial into defendant's involvement in offence
   12.     Inquiry during jury trial into defendant's involvement in offence
   13.     Outcome of consideration of defendant's involvement in offence
   14.     Determining if defendant unfit to stand trial
   15.     Jurisdiction may be exercised in absence of defendant
   16.     Appeal by defendant against finding relating to fitness to stand trial or sufficiency of evidence
   17.     Matters for appellate court on appeal under section 16
   18.     Release on bail or detention of appellant pending appeal
   19.     Appeals by prosecution

           SUBPART 2 - Acquittals on account of insanity

   20.     Finding of act proven but not criminally responsible on account of insanity
   21.     Appeal against acquittal on account of insanity
   22.     Release on bail or detention of appellant pending appeal

           SUBPART 3 - Detention, treatment, and care of persons found unfit to stand trial or acquitted on account of insanity

   23.     Inquiries about persons found unfit to stand trial or insane
   24.     Detention of defendant found unfit to stand trial or insane as special patient or special care recipient
   25.     Alternative decisions in respect of defendant unfit to stand trial or insane
   26.     Effect of alternative orders
   27.     Court may stay proceedings when alternative decision made in respect of defendant unfit to stand trial
   28.     Effect of orders under section 24 on prison sentences
   29.     Appeals against orders under section 24 or section 25 or section 27
   30.     Duration of detention as special patient or special care recipient where person unfit to stand trial
   31.     Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial
   32.     Proceedings stayed following certain directions under section 31
   33.     Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity
   33A.    Report by Director of Mental Health on defendant’s continued detention
   33B.    When victims must be notified of impending decision under section 31 or 33
   33C.    Right of victims to make submissions on proposed change of status
   33D.    Submissions from certain victims
   33E.    Victims must be notified of decisions made under sections 31 and 33
   33F.    Information about victims not to be disclosed

           SUBPART 4 - Detention, treatment, and care of defendants who are convicted

   34.     Power of court to commit offender to hospital or facility on conviction
   35.     Inquiries about persons for whom orders under section 34 proposed
   36.     Offenders detained as patients
   37.     Offenders detained as care recipients

           SUBPART 5 - Assessment of defendants

   38.     Power of court to require assessment report
   39.     Directions as to assessments
   40.     Period of detention may be extended
   41.     Attendance at hospitals, etc, by persons detained in prisons
   42.     Transfer of persons from hospitals, etc, to court, penal, or Police custody
   43.     Medical treatment of persons detained in hospitals, etc
   44.     Detention pending hearing or trial
   45.     Disclosure of assessment reports
   46.     Access to assessment reports

   PART 3 - Transitional and consequential provisions

   47.     Transitional provisions
   48.     Repeal of Part 7 of Criminal Justice Act 1985
   49.     Amendment to Courts Martial Appeals Act 1953
   50.     Amendments to Criminal Investigations (Bodily Samples) Act 1995
   51.     Consequential amendments to other enactments
           SCHEDULE 1AA
           SCHEDULE 1