79Assessment orders

79 Assessment orders (1) Where a person is found guilty of an offence and the court: (a) is of the opinion that the person: (i) appears to be mentally ill or mentally disturbed; and (ii) may benefit from being admitted to and treated in an (b) receives written advice from the Chief Health Officer that facilities are available to undertake an assessment of the person's suitability for an order under section 80; it may make an order that the person be admitted to and detained in an approved treatment facility for a period not exceeding 72 hours as specified in the order to enable an assessment to be made of his or her suitability for an order under section 80. (2) At the expiry of an order made under subsection (1), or at any time before then, the court may: (a) in accordance with section 80, make an order under that section; or (b) pass sentence on the person according to law. (3) Where at any time before the expiry of an order made under subsection (1), the court receives written advice from the Chief Health Officer that the person is not mentally ill or mentally disturbed, or that the detention of the person in an approved treatment facility is unnecessary or inappropriate, the court must pass sentence on the person according to law.

Sentencing Act 1995 63