35Matters to which courts are to have regard

35 Matters to which courts are to have regard

(1)  In determining proceedings under this Part, a court must, in addition to applying the principle in section 34 , have regard to –

(a) the nature of the defendant's mental impairment or other condition or disability; and

(b) whether the defendant is, or would if released be, likely to endanger another person or other persons generally; and

(c) whether there are adequate resources available for the treatment and support of the defendant in the community; and

(d) whether the defendant is likely to comply with the conditions of a supervision order; and

(e) other matters that the court thinks relevant.

(2)  [Section 35 Subsection (2) amended by No. 72 of 2005, s. 107, Applied:20 Feb 2006] A court may not discharge a restriction order, release a defendant under section 18(2) or 21(1) or this Part or significantly reduce the degree of supervision to which a defendant is subject unless the court –

(a) [Section 35 Subsection (2) amended by No. 72 of 2005, s. 107, Applied:20 Feb 2006] [Section 35 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 35 Subsection (2) amended by No. 21 of 2016, s. 12, Applied:11 Jul 2016] [Section 35 Subsection (2) amended by No. 4 of 2023, s. 19, Applied:25 Sep 2023] has considered the reports of the Chief Psychiatrist, or a medical practitioner nominated by the Chief Psychiatrist, and one other expert, who may or may not be a medical practitioner, each of whom has personally examined the defendant, on –

(i) the condition of the defendant; and

(ii) the possible effects of the proposed action on the behaviour of the defendant; and