116Bringing patients before courts

116 Bringing patients before courts

(1)  If a forensic patient in the custody of the controlling authority of an SMHU is charged with a new offence, a judicial officer may order the controlling authority to bring the patient before the court specified in the order, or the judicial officer who is then present, to be dealt with according to law.

(2)  A judicial officer may order the controlling authority of an SMHU to bring a forensic patient in the custody of the controlling authority before the judicial officer to give evidence.

(3)  [Section 116 Subsection (3) amended by No. 4 of 2023, s. 118, Applied:25 Sep 2023] In considering whether to make an order under subsection (1) or (2) , and the terms of such an order, a judicial officer is to take into account the advice of the Chief Psychiatrist or a medical practitioner as to the fitness of the patient and the impact that such an order is likely to have on the patient's health or safety.

(4)  The controlling authority of an SMHU must comply with an order under subsection (1) or (2) .

(5)  For the purposes of subsection (4)  –

(a) the controlling authority of the SMHU may arrange for an MHO, police officer or authorised person to be given a copy of the order and take the patient under escort; and

(b) the custody and escort provisions apply.

(6)  Before making an order under subsection (2) , a judicial officer may require an applicant to deposit sufficient money to pay all the expenses involved in –

(a) bringing the patient before the court; and

(b) maintaining the patient until he or she is returned to the SMHU.

(7)  In this section –

new offence means –

(a) an offence other than the offence which was the cause of a person becoming a prisoner or a youth detainee; or