sec.11ARelease of a person with an impairment of the mind

### sec.11A Release of a person with an impairment of the mind This section applies if a police officer or court authorised by this Act or the Youth Justice Act 1992 to grant bail considers— a person held in custody on a charge of or in connection with an offence is, or appears to be, a person with an impairment of the mind; and the person does not, or appears not to, understand the nature and effect of entering into an undertaking under section 20 ; and if the person understood the nature and effect of entering into the undertaking, the person would be released on bail. The police officer or court may release the person without bail by— releasing the person into the care of another person who ordinarily has the care of the person or with whom the person resides; or permitting the person to go at large. A person’s release is on condition the person will surrender, at the time and place stated in the notice under section 11B , into the custody of the court stated in the notice. If the person surrenders into the custody of the court stated in the notice, the court may release the person again under subsection (2) . A court authorised by this Act or the Youth Justice Act 1992 to grant bail may revoke a release. A person’s release by a police officer discharges any duty to take the person before a justice to be dealt with according to law. In this section— person with an impairment of the mind means a person who has a disability that— is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and results in— a substantial reduction of the person’s capacity for communication, social interaction or learning; and the person needing support. s 11A ins 2000 No. 43 s 6 amd 2002 No. 39 s 124 ; 2008 No. 55 s 122 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 3 (sec.11A-ssec.1) This section applies if a police officer or court authorised by this Act or the Youth Justice Act 1992 to grant bail considers— a person held in custody on a charge of or in connection with an offence is, or appears to be, a person with an impairment of the mind; and the person does not, or appears not to, understand the nature and effect of entering into an undertaking under section 20 ; and if the person understood the nature and effect of entering into the undertaking, the person would be released on bail. (sec.11A-ssec.2) The police officer or court may release the person without bail by— releasing the person into the care of another person who ordinarily has the care of the person or with whom the person resides; or permitting the person to go at large. (sec.11A-ssec.3) A person’s release is on condition the person will surrender, at the time and place stated in the notice under section 11B , into the custody of the court stated in the notice. (sec.11A-ssec.4) If the person surrenders into the custody of the court stated in the notice, the court may release the person again under subsection (2) . (sec.11A-ssec.5) A court authorised by this Act or the Youth Justice Act 1992 to grant bail may revoke a release. (sec.11A-ssec.6) A person’s release by a police officer discharges any duty to take the person before a justice to be dealt with according to law. (sec.11A-ssec.7) In this section— person with an impairment of the mind means a person who has a disability that— is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and results in— a substantial reduction of the person’s capacity for communication, social interaction or learning; and the person needing support. - (a) a person held in custody on a charge of or in connection with an offence is, or appears to be, a person with an impairment of the mind; and - (b) the person does not, or appears not to, understand the nature and effect of entering into an undertaking under section 20 ; and - (c) if the person understood the nature and effect of entering into the undertaking, the person would be released on bail. - (a) releasing the person into the care of another person who ordinarily has the care of the person or with whom the person resides; or - (b) permitting the person to go at large. - (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and - (b) results in— (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and (ii) the person needing support. - (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and - (ii) the person needing support. - (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and - (ii) the person needing support.