specified means specified in an order under this section that commits a defendant to a secure mental health unit.
(2) Where justices have power to remand a defendant in custody, they may, instead of committing the defendant to a gaol, commit him or her to a secure mental health unit if –
(a) the justices consider that remand is appropriate in the circumstances; and
(b) the defendant appears to be suffering from a mental illness; and
(c) the justices consider that the defendant should be admitted to a secure mental health unit for his or her own health or safety or for the protection of others; and
(i) the admission of the defendant to the secure mental health unit is necessary for his or her care or treatment; and
(ii) adequate facilities and staff exist at the secure mental health unit for the appropriate care and treatment of the defendant; and
(iii) in the case of a defendant who has not attained the age of 18 years, the secure mental health unit is the most appropriate place available to accommodate him or her in the circumstances having regard to the objectives and general principles set out in sections 4 and 5 of theYouth Justice Act 1997 .
(3) If justices make an order under this Act that commits a person to a secure mental health unit –
(a) the justices are to specify in the order that the specified person, or a person of the specified class of person, is to be responsible for taking the defendant to the specified secure mental health unit; and
(b) the justices may specify in the order that the specified person or another specified person, or a person of the specified class or another specified class of person, is to be responsible for bringing the defendant from the specified secure mental health unit before justices in connection with the exercise by them of their powers under this Act.
(6) Each of the following persons may apply at any time to justices for the variation or revocation of an order committing a defendant to a secure mental health unit:
(a) the Director of Public Prosecutions or prosecutor;
(7) [Section 47 Subsection (7) amended by No. 4 of 2023, s. 38, Applied:25 Sep 2023] The Chief Psychiatrist must apply to justices for the revocation of an order committing a defendant to a secure mental health unit if the Chief Psychiatrist is of the opinion that the defendant no longer requires such treatment or could no longer benefit from such treatment.
(8) On hearing an application, the justices –
(a) may vary, revoke or confirm the order committing the defendant to a secure mental health unit; and
(b) if they revoke the order, may make any other order they could have made under subsection (2) or section 35(1) .
(9) An application is to be heard and determined within 14 days after it is made.