76Return of forensic patient outside Tasmania to SMHU

76 Return of forensic patient outside Tasmania to SMHU

(1)  This section applies to a forensic patient who is not –

(a) subject to an order of detention referred to in section 41(1A) of the Criminal Justice (Mental Impairment) Act 1999 ; or

(b) [Section 76 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] subject to a treatment order referred to in section 41(1B) of the Criminal Justice (Mental Impairment) Act 1999 .

(2)  If a magistrate is satisfied that –

(a) the patient should be in the custody of the controlling authority of an SMHU; and

(b) there are reasonable grounds to suspect that the patient has absconded from that custody and is no longer in Tasmania –

the magistrate may issue a warrant authorising the patient's arrest and his or her return to the SMHU.

(3)  A warrant under subsection (2) is not to be held void by reason of a formal defect in it.