Part 5 — Mentally ill offenders; Division 1 - Court Assessment Orders; Division 2 - Court Secure Treatment Orders Flashcards
S90 — What is a Court Assessment Order?
● (1)(a) Order of the court that enables a person to be compulsorily Examined by an authorised psychiatrist to determine whether:
■ (i) Person should be made subject to a temp. Treatment order; and
■ (ii) criteria for making a Court Secure Treatment order are met.; or
(2) (called a community court assessment order)
○ (b) Taken to and detained at a designated MH service and examined there by an authorised Psychiatrist to determine whether
■ (i) should be made subject to Temp treatment order; and
■ (ii) The criteria for making a Court Secure Treatment order are met
■ (3) (inpatient court assessment order)
91 — When can Court make a Court Assessment order?
(1) Subject to the criteria in (2), Court can make a Court assessment order if:
● (a) on the trial or hearing, person is found guilty of pleads guilty to offence; and
● (b) the person is not in custody pending sentencing; and
● (c) the criteria set out in subsection (2) apply to the person; and
● (d) the court has received a report from the authorised psychiatrist for the designated mental health service where it is proposed to assess the person stating that there are facilities or services available at that designated mental health service for the assessment of the person; and
● (e) in the case of an Inpatient Court Assessment Order, the assessment cannot occur in the community.
Criteria are:
● (2)(a) the person appears to have mental illness; and
● (b) because the person appears to have mental illness, the person appears to need immediate treatment to prevent—
○ (i) serious deterioration in the person’s mental or physical health; or
○ (ii) serious harm to the person or to another person; and
● (c) if the person is made subject to a Court Assessment Order, the person can be assessed; and
● (d) there is no less restrictive means reasonably available to enable the person to be assessed.
92 — Content of a court assessment order and notification requirements
(1) (a) Order must state whether it’s Community/Inpatient and (b) include any prescribed information.
(2) ASAP after making the order, the court must (a) notify the authorised psychiatrist the order’s been made, and (b) give them a copy of the order.
93 — Effect and duration of Court Assessment Order
(1) Must be taken to designated MH service ASAP after inpatient order made.
(2) Comes into force when made and remains in force for a period of:
(a) 7 days for community court assessment order;
(b) 7 days after person is received at MH service for an inpatient court assessment order.
94 — Court powers following Court Assessment Order
(1) If Court’s considered a report made by an auth psych after examining the person subject to the order, the court may:
● (a) Make a court secure treatment order under s94B; or
● (b) Impose sentence on the person according to law.
94A What is a Court secure treatment order?
An Order made by the court that enables a person who is subject to the CSTO to be compulsorily taken to, and detained and treated, at a designated mental health service.
94B When can the court make a Court Secure Treatment Order?
(Guilty, criteria met, psych recommends and also says facilities available)
(1) Can make one by way of sentence to a person who is found guilty or pleads guilty if —
● (a) but for the person having mental illness, the court would have sentenced the person to a term of imprisonment; and
● (b) the court has considered the person’s current mental condition, his or her medical, mental health and forensic history and his or her social circumstances; and
● (c) the person has been examined by a psychiatrist and the court is satisfied by production of the psychiatrist’s report and any other evidence that the following criteria apply to the person—
○ (i) the person has mental illness; and
○ (ii) because the person has mental illness, the person needs treatment to prevent—
■ (A) serious deterioration in the person’s mental or physical health; or
■ (B) serious harm to the person or to another person; and
■ (iii) the treatment referred to in subparagraph (ii) will be provided to the person if person is made subject to a Court Treatment Order; and
■ (iv) there is no less restrictive means reasonably available to enable the person to receive the treatment; and
● (d) court has received a report from authorised psychiatrist of the designated mental health service in which it is proposed that the person be detained and treated —
○ (i) recommending the making of the Order; and
○ (ii) stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.
(2) As soon as practicable after making a Court Secure Treatment Order, the court must:
● (a) notify the authorised psychiatrist that the Order has been made; and
● (b) give the authorised psychiatrist a copy of the Order.
94C effect and duration of a court secure treatment order
(1) ASAP after a CSTO is made, the subjected person must be taken to the designated mental health service in accordance with any directions made by court under section 94D.
(2) Person who is subject to a Court Secure Treatment Order becomes a security patient when he or she is received at the designated mental health service.
(3) A CSTO must specify duration of Order which must not exceed period of imprisonment to which the person would have been sentenced had the Order not been made.
(4) Court, when making CSTO, must fix NPP per s 11 as if it were a term of imprisonment.
(5) If, at any time before the end of the period specified in a CSTO, a person is discharged as a security patient under section 274 of the Mental Health Act 2014, the Court Secure Treatment Order has effect as a sentence of imprisonment and that unexpired portion must be served in a prison or other place of confinement unless the person is released on parole.
