TASIn ForceAct
Criminal Justice (Mental Impairment) Act 1999
34Principle on which courts are to act
Start here
Get a plain-English read of 34
Turn the raw legal text into a practical explanation grounded in Criminal Justice (Mental Impairment) Act 1999.
### 34 Principle on which courts are to act
> [*\[Section 34 Substituted by No. 72 of 2005, s. 106, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS106@EN) A court is to apply, where appropriate, the principle that restrictions on the defendant's freedom and personal autonomy should be kept to the minimum consistent with the safety of the community when determining –
>
> > > (a) which order to make under [section 18(2)](#GS18@Gs2@EN) or [21(1)](#GS21@Gs1@EN) or this Part; or
> >
> > > (b) whether to discharge or vary such an order; or
> >
> > > (c) the conditions of such an order.