(1)  In determining proceedings under this Part, a court must, in addition to applying the principle in section 34 , have regard to –

(a) the nature of the defendant's mental impairment or other condition or disability; and

(b) whether the defendant is, or would if released be, likely to endanger another person or other persons generally; and

(c) whether there are adequate resources available for the treatment and support of the defendant in the community; and

(d) whether the defendant is likely to comply with the conditions of a supervision order; and

(e) other matters that the court thinks relevant.

(2)  A court may not discharge a restriction order, release a defendant under section 18(2) or 21(1) or this Part or significantly reduce the degree of supervision to which a defendant is subject unless the court –

(a) has considered the reports of the Chief Psychiatrist, or a medical practitioner nominated by the Chief Psychiatrist, and one other expert, who may or may not be a medical practitioner, each of whom has personally examined the defendant, on –

(i) the condition of the defendant; and

(ii) the possible effects of the proposed action on the behaviour of the defendant; and

(b) has considered the report on the attitudes of victims, if any, and next of kin prepared under this Part; and

(c) is satisfied that the defendant's next of kin and the victims, if any, of the offence with which the defendant was charged have been given reasonable notice of the proceedings.

(3)  Notice need not be given under subsection (2)(c) to a person whose whereabouts have not, after reasonable inquiry, been ascertained.

(4)  In this section –

medical practitioner means a person who –

(a) is a psychiatrist; or

(b) is a medical practitioner approved by the Chief Psychiatrist as holding the requisite training and experience to provide medico-legal reports to the court.