70Certain forensic patients may request return to prison, &c.

70 Certain forensic patients may request return to prison, &c.

(1)  This section applies to a forensic patient, referred to in section 68(1)(i) or (j) , who is in an SMHU and whose removal to the SMHU was directed at the patient's own request.

(2)  The patient may request to be returned to the custody of the relevant authority at any time.

(3)  [Section 70 Subsection (3) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] The request is to be made to the Chief Psychiatrist in writing.

(4)  The forensic patient may ask any SMHU staff member for help in making the request and the SMHU staff member is to –

(a) render that help to the best of his or her ability; or

(b) arrange for another SMHU staff member to render that help.

(5)  [Section 70 Subsection (5) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] [Section 70 Subsection (5) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] The Chief Psychiatrist is to have the patient assessed by an approved medical practitioner as soon as practicable after receiving the request.

(6)  [Section 70 Subsection (6) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] [Section 70 Subsection (6) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] After the assessment, the Chief Psychiatrist may –

(a) agree to the request; or

(b) refuse the request.

(7)  [Section 70 Subsection (7) amended by No. 4 of 2023, s. 88, Applied:25 Sep 2023] In considering the request, the Chief Psychiatrist is to have regard to –

(a) the results of the assessment; and