New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2003 - SCHEDULE 13

SCHEDULE 13 – Amendment of Mental Health (Criminal Procedure) Act 1990 No 10

(Section 3)

[1] Section 31 Application

Insert "and includes any related proceedings under the Bail Act 1978 ," after "Magistrate," in section 31 (1).

[2] Section 33 Mentally ill persons

Omit "the court" from section 33 (1) (b). Insert instead "a Magistrate or an authorised officer".

[3] Section 33 (1D)

Insert after section 33 (1C):

(1D) If, at the commencement or at any time during the course of the hearing of proceedings under the Bail Act 1978 before an authorised officer, it appears to the authorised officer that the defendant is a mentally ill person within the meaning of Chapter 3 of the Mental Health Act 1990 , the authorised officer (without derogating from any other order under the Bail Act 1978 that the officer may make in relation to the defendant):

(a) may order that the defendant be taken by a police officer to, and detained in, a hospital for assessment, or

(b) may order that the defendant be taken by a police officer to, and detained in, a hospital for assessment and that, if the defendant is found on assessment at the hospital not to be a mentally ill person or mentally disordered person, the defendant be brought by a police officer back before a Magistrate or an authorised officer.

[4] Section 33 (2)

Insert "or authorised officer" after "Magistrate" where firstly occurring.

[5] Section 33 (6)

Insert after section 33 (5):

(6) In this section, a reference to an "authorised officer" is a reference to an authorised officer within the meaning of the Criminal Procedure Act 1986 .

[6] Section 39 Effect of finding and declaration of mental illness

Omit "must". Insert instead "may".

[7] Section 39

Insert "or may make such other order (including an order releasing the person from custody, either unconditionally or subject to conditions) as the Court considers appropriate" after "due process of law".

Note: Section 33 of the Mental Health (Criminal Procedure) Act 1990 empowers a Magistrate before whom criminal proceedings are being heard to order (among other things) that the defendant be taken to a hospital for assessment for mental illness or mental disorder. Item [3] confers the same power on an authorised officer within the meaning of the Criminal Procedure Act 1986 . Items [1], [2], [4] and [5] are consequential amendments.
Section 39 of the Mental Health (Criminal Procedure) Act 1990 requires a person whom a jury has found not guilty by reason of mental illness to be detained in strict custody until released by due process of law. Items [6] and [7] amend section 39 so as to allow the court concerned to release the person from custody or to make such other order with respect to the person as it considers appropriate.