109Breach of orders for release

109 Breach of orders for release

109 Breach of orders for release

(1) The President of the Tribunal may make an order for the apprehension of a person if it appears to the President that—

(a) the person has breached a condition of an order for the person’s conditional release under this Part, or

(b) the person has committed a breach of an order releasing the person from custody made by a court after a special verdict of act proven but not criminally responsible, or

(c) the person has breached a condition of leave of absence granted under this Part, or

(d) the person has been granted conditional release or leave of absence and has suffered a deterioration of mental condition and is at risk of causing serious harm to himself or herself or to any member of the public because of the person’s condition.

(2) An apprehension order authorises the detention of the person at the mental health facility, correctional centre, detention centre or other place specified in the order.

(3) The President of the Tribunal may, pending a review of a person who is apprehended, make one or more of the following orders—

(a) an order that the person continue to be given treatment in accordance with the order for the person’s conditional release,

(b) an order that the person be assessed by a medical practitioner,

(c) an order that the person be detained in a mental health facility for assessment and treatment.

(4) The Tribunal must review the case of a person apprehended under this section and may—

(a) order the person’s temporary detention, care or treatment in a mental health facility, correctional centre, detention centre or other place in the manner, specified in the order, or

(b) confirm the person’s release or leave, either unconditionally or subject to conditions, or

(c) revoke the order for release and order the person’s detention, care or treatment in a mental health facility, correctional centre, detention centre or other place in the manner, specified in the order.

Note.

The Tribunal may also make a community treatment order under Division 7.