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Sentencing Act 1995
81Expiration of certain approved treatment facility orders
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81 Expiration of certain approved treatment facility orders
(1) At the expiry of an order made under section 80(1)(d), or at any
time before then, the court after considering a report from an
authorised psychiatric practitioner nominated by the Chief Health
Officer specifying the results of the diagnosis, assessment and
treatment of the person may:
(a) make a further order in respect of the person under
section 80(1)(d); or
(b) pass sentence, including by way of an order under
section 80(1)(e), on the person according to law.
(2) Where at any time before the expiry of an order made under
section 80(1)(d), the court receives advice in writing from an
authorised psychiatric practitioner nominated by 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.
(3) Where a court in passing sentence under subsection (1)(b) imposes
a term of imprisonment on the person or makes an order that the
person be detained in an approved treatment facility under
section 80(1)(e), it must deduct the period of time that the person
was detained under the order made under section 80(1)(d).