Sentencing Act 1997
75Treatment order, supervision order and restriction order
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75 Treatment order, supervision order and restriction order
(1) If, on the trial of a person for an offence –
(a) the person is found guilty; and
(b) [Section 75 Subsection (1) amended by No. 72 of 2005, s. 132, Applied:20 Feb 2006] [Section 75 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 75 Subsection (1) amended by No. 4 of 2023, s. 178, Applied:25 Sep 2023] the court is satisfied, by the production of the report of the Chief Psychiatrist or another psychiatrist and any other evidence that it may require, that –
(i) [Section 75 Subsection (1) amended by No. 22 of 1999, s. 9, Applied:01 Nov 1999] the person appears to be suffering from a mental illness that requires treatment; and
(ii) [Section 75 Subsection (1) amended by No. 72 of 2005, s. 132, Applied:20 Feb 2006] the treatment can be obtained by admission to and detention in an approved hospital or secure mental health unit; and
(iii) the person should be admitted as a patient for the person's own health or safety or for the protection of members of the public; and
(c) [Section 75 Subsection (1) amended by No. 21 of 1999, s. 47, Applied:01 Nov 1999] [Section 75 Subsection (1) amended by No. 72 of 2005, s. 132, Applied:20 Feb 2006] [Section 75 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 75 Subsection (1) amended by No. 4 of 2023, s. 178, Applied:25 Sep 2023] [Section 75 Subsection (1) amended by No. 4 of 2023, s. 178, Applied:25 Sep 2023] the court has received a report in writing from the Chief Psychiatrist if it is proposed to admit the person to an approved hospital, or to a secure mental health unit, recommending the proposed admission –