Mental Health Act 2016
sec.93Direction to prepare psychiatrist report
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sec.93 Direction to prepare psychiatrist report
The chief psychiatrist may, on the chief psychiatrist’s own initiative— direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or direct an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence. The chief psychiatrist may give the direction only if satisfied— the person may have a mental condition; and the person— may have been of unsound mind when the serious offence was allegedly committed; or may be unfit for trial; and the preparation of the psychiatrist report is in the public interest. The direction may include a direction for the report to be prepared about the person also in relation to an associated offence. (sec.93-ssec.1) The chief psychiatrist may, on the chief psychiatrist’s own initiative— direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or direct an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence. (sec.93-ssec.2) The chief psychiatrist may give the direction only if satisfied— the person may have a mental condition; and the person— may have been of unsound mind when the serious offence was allegedly committed; or may be unfit for trial; and the preparation of the psychiatrist report is in the public interest. (sec.93-ssec.3) The direction may include a direction for the report to be prepared about the person also in relation to an associated offence.
- (a) direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or
- (b) direct an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.
- (a) the person may have a mental condition; and
- (b) the person— (i) may have been of unsound mind when the serious offence was allegedly committed; or (ii) may be unfit for trial; and
- (i) may have been of unsound mind when the serious offence was allegedly committed; or
- (ii) may be unfit for trial; and
- (c) the preparation of the psychiatrist report is in the public interest.
- (i) may have been of unsound mind when the serious offence was allegedly committed; or
- (ii) may be unfit for trial; and