26Discharge of restriction orders

26 Discharge of restriction orders

(1)  [Section 26 Subsection (1) amended by No. 4 of 2023, s. 14, Applied:25 Sep 2023] [Section 26 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 26 Subsection (1) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006] [Section 26 Subsection (1) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006] A defendant subject to a restriction order, the Secretary of the responsible Department in relation to the Mental Health Act 2013 or the Chief Psychiatrist may apply to the Supreme Court for discharge of the restriction order if –

(a) the first such application is not less than 2 years after the order was made; and

(b) each subsequent application is made not less than 2 years after the preceding application.

(2)  The Supreme Court may, on an application under this section or section 37(3)(b) , discharge a restriction order.

(3)  For the purposes of a hearing by the Supreme Court for discharge of a restriction order –

(a) [Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006] an application is to be in writing with a copy served on the Director of Public Prosecutions and, if the defendant is not the applicant, on the defendant; and

(b) the Director of Public Prosecutions or counsel representing the Director of Public Prosecutions must appear for the Crown at the hearing of the application; and

(c) [Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006] the defendant may be present at the hearing of the application unless the Court makes an order to the contrary; and

(d) the applicant and the Director of Public Prosecutions may call evidence in support of, or in opposition to, the application; and