78Request for voluntary treatment plan

78 Request for voluntary treatment plan (1) This Division applies to a person if: (a) in proceedings before a court (other than proceedings for a committal or preliminary hearing) the person: (i) has pleaded guilty to an offence; or (ii) has been found guilty of an offence; and (b) the charge is being dealt with summarily. (2) The court may request from the Chief Health Officer an assessment of, and if appropriate a voluntary treatment plan for, the person if: (a) the court is of the opinion the person suffers from a mental illness or mental disturbance that is likely to have contributed to the conduct constituting the offence; and (b) the court is satisfied the person: (i) recognises that he or she suffers from a mental illness or (ii) has made, or is willing to make, a conscientious effort to address problems associated with the mental illness or (c) the court considers it appropriate for the offence to be dealt with under this Division having regard to the nature and seriousness of the offence; and (d) the prosecution and the person consent to the offence being dealt with under this Division.

Mental Health and Related Services Act 1998 77 (3) To enable the assessment of the person and, if required, the preparation of the voluntary treatment plan, the court may: (b) grant bail to the person on the condition that the person undergoes the assessment.