26Discharge of restriction orders

### 26 Discharge of restriction orders > > (1)  [*\[Section 26 Subsection (1) amended by No. 4 of 2023, s. 14, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS14@Hpa@EN) [*\[Section 26 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC7@EN) [*\[Section 26 Subsection (1) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpb@EN) [*\[Section 26 Subsection (1) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpa@EN) A defendant subject to a restriction order, the Secretary of the responsible Department in relation to the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) 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)](#GS37@Gs3@Hpb@EN) , discharge a restriction order. > > > (3)  For the purposes of a hearing by the Supreme Court for discharge of a restriction order – > > > > > > (a) [*\[Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpc@EN) 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) [*\[Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpd@EN) 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 > > > > > > > (e) if either party causes a report to be prepared relating to the application and intends to tender the report as evidence, that party must provide the other party with a copy of the report; and > > > > > > > (f) if either party puts any such report in evidence – > > > > > > > > > > (i) the other party is entitled to cross-examine the person who made the report; and > > > > > > > > > > > (ii) the party that put the report in evidence may, after any such cross-examination, examine the person making the report by way of reply; and > > > > > > > (g) [*\[Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpf@EN) [*\[Section 26 Subsection (3) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpe@EN) [*\[Section 26 Subsection (3) amended by No. 4 of 2023, s. 14, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS14@Hpb@EN) the Court may order the Chief Psychiatrist or any other person or body to prepare and submit to the Court a report in respect of such matters relating to the defendant as the Court may specify. > > > (4)  [*\[Section 26 Subsection (4) amended by No. 72 of 2005, s. 99, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS99@Hpg@EN) A copy of a report prepared under [subsection (3)(g)](#GS26@Gs3@Hpg@EN) is to be provided to the applicant, the defendant and the Director of Public Prosecutions.