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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
127Determination of application for extension orders
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#### 127 Determination of application for extension orders
127 Determination of application for extension orders
> > (1) The Supreme Court may determine an application under this Division for an extension order—
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> > > (a) by making the order, or
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> > > (b) by dismissing the application.
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> > (2) In determining whether or not to make an extension order, the Supreme Court must have regard to the following matters in addition to any other matter it considers relevant—
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> > > (a) the safety of the community,
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> > > (b) the reports received from the persons appointed under section 126(5) to conduct examinations of the forensic patient,
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> > > (c) the report of the qualified psychiatrist, registered psychologist or registered medical practitioner provided under section 125(b),
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> > > (d) any other report of a qualified psychiatrist, registered psychologist or registered medical practitioner provided in support of the application or by the forensic patient,
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> > > (e) any order or decision made by the Tribunal with respect to the forensic patient that is relevant to the application,
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> > > (f) any report of the Secretary of the Ministry of Health, the Commissioner of Corrective Services, the Secretary of the Department of Communities and Justice or any other government Department or agency responsible for the detention, care or treatment of the forensic patient,
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> > > (g) the level of the forensic patient’s compliance with any obligations to which the patient is or has been subject while a forensic patient (including while released from custody subject to conditions and while on leave of absence granted under this Act),
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> > > (h) the views of the court that imposed the limiting term or existing extension order on the forensic patient at the time the limiting term or extension order was imposed,
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> > > (i) any other information that is available as to the risk that the forensic patient will in future cause serious harm to others.
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> > (3) If the Supreme Court makes an extension order in respect of a forensic patient, the Court is to notify the Tribunal of the making of the order.