Criminal Justice (Mental Impairment) Act 1999
36AReferral of forensic order to Supreme Court
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36A Referral of forensic order to Supreme Court
[Section 36A of Part 4 Inserted by No. 21 of 2016, s. 14, Applied:11 Jul 2016]
(1) If a magistrate is of the opinion, after taking into account the matters required to be considered in determining the order to be made, that a forensic order should be made in respect of a defendant, the magistrate may refer the matter to the Supreme Court for determination.
(2) On the referral of a matter to the Supreme Court under subsection (1) , the Supreme Court –
(a) must enquire into the circumstances of the case; and
(b) has the same powers to deal with the defendant as if the defendant had been dealt with in the Supreme Court.