sec.337Chief executive may obtain particular information from Mental Health Court

sec.337 Chief executive may obtain particular information from Mental Health Court

This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section. The chief executive may ask the Mental Health Court for the following ( requested information )— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person. The Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children. Also, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health. The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter. Without limiting subsection (6) , this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 . A decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160(2) for leave of the court to give the report to the chief executive. s 337 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 94 (sec.337-ssec.1) This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section. (sec.337-ssec.2) The chief executive may ask the Mental Health Court for the following ( requested information )— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person. (sec.337-ssec.3) The Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. (sec.337-ssec.4) However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children. (sec.337-ssec.5) Also, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health. (sec.337-ssec.6) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter. (sec.337-ssec.7) Without limiting subsection (6) , this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 . (sec.337-ssec.8) A decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160(2) for leave of the court to give the report to the chief executive.