117Presence at taking of certain depositions

117 Presence at taking of certain depositions

(1)  The controlling authority of an SMHU, at the written request of a judicial officer, may allow a forensic patient to leave the SMHU temporarily to attend the taking of a deposition of a person who is dangerously ill and unable to travel.

(2)  [Section 117 Subsection (2) amended by No. 4 of 2023, s. 119, Applied:25 Sep 2023] In considering whether to make a request under subsection (1) , and the terms of the request, a judicial officer is to take into account the advice of the Chief Psychiatrist or an approved medical practitioner as to the fitness of the patient and the impact that such a request is likely to have on the patient's health or safety.

(3)  For the purposes of subsection (1) , an authorised person or police officer may –

(a) take the patient under escort; and

(b) remove the patient from the SMHU; and

(c) take the patient to the place specified in the request for the taking of the deposition; and

(d) return the patient to the SMHU.

(4)  For the purposes of subsection (3) , the custody and escort provisions apply.