31Apprehension of defendant under supervision order

31 Apprehension of defendant under supervision order

[Section 31 Substituted by No. 72 of 2005, s. 104, Applied:20 Feb 2006]

(1)  In this section –

prescribed person means –

(a) [Section 31 Subsection (1) amended by No. 4 of 2023, s. 18, Applied:25 Sep 2023] the Chief Psychiatrist; or

(b) a person who administers, or assists in the administration of, medical treatment to the defendant under a supervision order; or

(c) [Section 31 Subsection (1) amended by No. 4 of 2023, s. 18, Applied:25 Sep 2023] a person who is authorised by the Chief Psychiatrist to supervise, wholly or partly, the administration of a supervision order in respect of the defendant; or

(d) an authorised person; or

(e) [Section 31 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a mental health officer within the meaning of the Mental Health Act 2013 ; or

(f) a police officer.

(2)  A prescribed person may apprehend a defendant who is subject to a supervision order if the prescribed person believes on reasonable grounds –

(a) that –

(i) the defendant has contravened, or is likely to contravene, the supervision order; or

(ii) there has been, or is likely to be, a serious deterioration in the defendant's mental health; and

(b) that, because of the breach or likely breach of the supervision order or the deterioration or likely deterioration in the defendant's mental health, there is a risk that the defendant will harm himself, herself or another person.

(3)  As soon as practicable after apprehending a defendant under , the prescribed person is to –