37Review of persons detained under forensic orders

37 Review of persons detained under forensic orders

[Section 37 Substituted by No. 72 of 2005, s. 110, Applied:20 Feb 2006]

(1)  [Section 37 Subsection (1) amended by No. 18 of 2021, s. 65, Applied:05 Nov 2021] [Section 37 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] A forensic order is to be reviewed under the Mental Health Act 2013 by the Tribunal within 12 months after the order was made and at least once in each period of 12 months afterwards.

(1A)  [Section 37 Subsection (1A) inserted by No. 7 of 2025, s. 67, Applied:01 Jul 2025] If a supervision order is suspended, the order may be reviewed in accordance with this section notwithstanding the suspension.

(2)  [Section 37 Subsection (2) amended by No. 18 of 2021, s. 65, Applied:05 Nov 2021] [Section 37 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] In reviewing a forensic order, the Tribunal is to apply the principle in section 34 and to have regard to the matters set out in section 35(1) .

(3)  [Section 37 Subsection (3) amended by No. 18 of 2021, s. 65, Applied:05 Nov 2021] [Section 37 Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] If the Tribunal, on review, determines that a forensic order is no longer warranted or that the conditions of the order are now inappropriate –

(a) the Tribunal must issue the defendant with a certificate to that effect; and

(b) the defendant may apply immediately, despite any other provision of this Act, to the Supreme Court for discharge, revocation or variation of the forensic order.