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Dangerous Prisoners (Sexual Offenders) Act 2003
sec.11Preparation of psychiatric report
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### sec.11 Preparation of psychiatric report
Each psychiatrist examining the prisoner must prepare a report under this section.
The report must indicate—
the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence—
if released from custody; or
if released from custody without a supervision order being made; and
the reasons for the psychiatrist’s assessment.
For the purposes of preparing the report, the chief executive must give each psychiatrist any medical, psychiatric, prison or other relevant report or information in relation to the prisoner in the chief executive’s possession or to which the chief executive has, or may be given, access.
A person in possession of a report or information mentioned in subsection (3) must give a copy of the report or the information to the chief executive if asked by the chief executive.
Subsection (4) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report.
If a person required to give a report or information under subsection (4) refuses to give the report or information, the chief executive may apply to the court for an order requiring the person to give the report or information to the chief executive.
A person giving a report or information under subsection (4) or (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.
Each psychiatrist must have regard to each report or the information given to the psychiatrist under subsection (3) .
Each psychiatrist must prepare a report even if the prisoner does not cooperate, or does not cooperate fully, in the examination.
(sec.11-ssec.1) Each psychiatrist examining the prisoner must prepare a report under this section.
(sec.11-ssec.2) The report must indicate— the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence— if released from custody; or if released from custody without a supervision order being made; and the reasons for the psychiatrist’s assessment.
(sec.11-ssec.3) For the purposes of preparing the report, the chief executive must give each psychiatrist any medical, psychiatric, prison or other relevant report or information in relation to the prisoner in the chief executive’s possession or to which the chief executive has, or may be given, access.
(sec.11-ssec.4) A person in possession of a report or information mentioned in subsection (3) must give a copy of the report or the information to the chief executive if asked by the chief executive.
(sec.11-ssec.5) Subsection (4) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report.
(sec.11-ssec.6) If a person required to give a report or information under subsection (4) refuses to give the report or information, the chief executive may apply to the court for an order requiring the person to give the report or information to the chief executive.
(sec.11-ssec.7) A person giving a report or information under subsection (4) or (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.
(sec.11-ssec.8) Each psychiatrist must have regard to each report or the information given to the psychiatrist under subsection (3) .
(sec.11-ssec.9) Each psychiatrist must prepare a report even if the prisoner does not cooperate, or does not cooperate fully, in the examination.
- (a) the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence— (i) if released from custody; or (ii) if released from custody without a supervision order being made; and
- (i) if released from custody; or
- (ii) if released from custody without a supervision order being made; and
- (b) the reasons for the psychiatrist’s assessment.
- (i) if released from custody; or
- (ii) if released from custody without a supervision order being made; and