Criminal Justice (Mental Impairment) Act 1999
30Variation or revocation of supervision order
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30 Variation or revocation of supervision order
(1) [Section 30 Subsection (1) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023] [Section 30 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006] [Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006] [Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006] At any time while a supervision order is in force, the Supreme Court may, on the application of the Secretary of the responsible Department in relation to the Mental Health Act 2013 , the Chief Psychiatrist, the defendant or any other person with a proper interest in the matter, vary or revoke the supervision order and, if the order is revoked, make, in substitution for the order, any other order that the Supreme Court might have made under section 18(2) or 21 in the first instance.
(2) Without limiting the persons who may apply to vary or revoke a supervision order, a person has a proper interest in the matter if the person has the care and control of the person subject to the supervision order.
(3) [Section 30 Subsection (3) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006] [Section 30 Subsection (3) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006] If the Supreme Court refuses an application by or on behalf of a defendant for variation or revocation of a supervision order, a later application for variation or revocation of the order may not be made by or on behalf of the defendant for 6 months or such other period as the Supreme Court may direct on refusing the application.
(4) [Section 30 Subsection (4) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023] Before determining an application, the Supreme Court may order the Chief Psychiatrist, the controlling authority of a secure mental health unit or any other person or body to provide a report in respect of the matters specified in the order.