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This is a Bill, not an Act. For current law, see the Acts databases.
Serial
122
Criminal
Code Amendment (Mental Impairment and Unfitness for Trial) Bill
2010
Ms
Lawrie
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS FOR TRIAL) ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
43ZO Legal counsel to
have independent
discretion
43ZPA Protection
from liability
Part
XIII Transitional matters for Criminal Code
Amendment (Mental Impairment and Unfitness for Trial) Act 2010
446 Application to
pending matters
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010.
This Act amends the Criminal Code.
(1) Section 43A
insert
CEO (Health) means the chief executive officer of the Agency administering the Medical Services Act.
(2) Section 43A, definition appropriate person
omit (all references)
the chief executive officer of the Department of Health and Community Services
insert
(3) Section 43A, definition appropriate person, paragraph (d)
omit
Department of Justice
insert
Agency administering that Act
(1) Section 43I(3)(b)
omit
other appropriate place
insert
another place the court considers appropriate
(2) After section 43I(3)
insert
(3A) The court must not make an interim order under subsection (3)(b) remanding the accused person in custody in a prison unless the court is satisfied there is no practical alternative given the circumstances of the accused person.
Section 43O(b)
omit
other appropriate place
insert
another place the court considers appropriate
Section 43R(5)(b)
omit
appropriate place
insert
place the Judge considers appropriate
(1) Section 43Y
omit
If
insert
(1) If
(2) Section 43Y(1)(b)
omit
appropriate place
insert
place the court considers appropriate
(3) After section 43Y(1)
insert
(2) The court must not make an interim order under subsection (1)(b) remanding the accused person in custody in a prison unless the court is satisfied there is no practical alternative given the circumstances of the accused person.
(1) Section 43ZA(1)(a)(ii)
omit, insert
(ii) subject to subsection (3) – in another place (an appropriate place) the court considers appropriate; or
insert
(2A) Without limiting subsection (1), the court may decide a supervision order is subject to the condition that a person (an authorised person) authorised by the CEO (Health) may use any reasonable force and assistance:
(a) to enforce the order; and
(b) without limiting paragraph (a) – to take the accused person into custody, or to restrain the accused person, in order to prevent the accused person harming himself or herself or someone else.
(2B) The CEO (Health):
(a) must, by Gazette notice, make supervision directions about:
(i) the qualifications of an authorised person; and
(ii) the reporting by an authorised person of any use of force or assistance for subsection (2A); and
(b) may, in the supervision directions, provide for any other matters about the use of such force and assistance as decided by the CEO (Health).
(2C) An authorised person may use reasonable force or assistance as provided in subsection (2A) only in accordance with the supervision directions.
(3) Section 43ZA(3)
omit
the chief executive officer of the Department of Health and Community Services
insert
the CEO (Health)
Section 43ZB(2)
omit
the chief executive officer of the Department of Health and Community Services
insert
the CEO (Health)
(1) Section 43ZD(2)(a) and (b), at the end
insert
and
(2) After section 43ZD(3)
insert
(3A) The court may adjourn the hearing for the application if the court considers it appropriate to do so.
(3B) If the court adjourns the hearing under subsection (3A), the court may make interim orders for the supervised person (including, for example, an order that the supervised person be remanded in custody in a prison or another place the court considers appropriate).
(3C) The court must not make an interim order under subsection (3B) remanding the supervised person in custody in a prison unless the court is satisfied there is no practical alternative given the circumstances of the supervised person.
(3D) To avoid doubt:
(a) the making of an interim order under subsection (3B) does not revoke the supervision order; and
(b) subject to a direction by the court – the supervision order continues to have effect while an interim order under subsection (3B) is in force.
(3) Section 43ZD(4)(a), at the end
insert
or
(1) After section 43ZE(3)
insert
(3A) The court may adjourn the hearing for the application if the court considers it appropriate to do so.
(3B) If the court adjourns the hearing under subsection (3A), the court may make interim orders for the supervised person (including, for example an order that the supervised person be remanded in custody in a prison or another place the court considers appropriate).
(3C) The court must not make an interim order under subsection (3B) remanding the supervised person in custody in a prison unless the court is satisfied there is no practical alternative given the circumstances of the supervised person.
(3D) To avoid doubt:
(a) the making of an interim order under subsection (3B) does not revoke the supervision order; and
(b) subject to a direction by the court – the supervision order continues to have effect while an interim order under subsection (3B) is in force.
(2) Section 43ZE(4)(a), at the end
insert
or
(1) Section 43ZG(3)(b)
omit
charged,
insert
charged;
(2) After section 43ZG(4)
insert
(4A) A reference in subsection (2) to a period of supervision is a reference to a period of custody or any other form of supervision of a person under a court order (including, for example, a home detention order) on the court finding the person guilty of an offence.
(4B) The court may decide the term fixed under subsection (1) is taken to have commenced from a specified time that was:
(a) before the making of the supervision order; and
(b) at or after the time the supervised person was first taken into custody for an offence because of which the court may make the supervision order.
(3) After section 43ZG(5)
(5A) The court may adjourn the proceedings for the review to a time that is after the expiry of the term fixed under subsection (1) if the court considers it appropriate to do so.
(5B) If the court adjourns the proceedings under subsection (5A):
(a) the court may make interim orders for the supervised person (including, for example, an order that the supervised person be remanded in custody in a prison or another place the court considers appropriate); and
(b) subject to a direction by the court – the supervision order continues to have effect until the completion of the review.
(5C) The court must not make an interim order under subsection (5B)(a) remanding the supervised person in custody in a prison unless the court is satisfied there is no practical alternative given the circumstances of the supervised person.
(4) Section 43ZG(7)(a) and (b), at the end
insert
or
Section 43ZK(1)
omit
or expires (and the supervised person is released unconditionally)
(1) Section 43ZLA, definition order, paragraph (d), after "person"
insert
or supervised person
(2) Section 43ZLA, definition order, paragraphs (a) to (d), at the end
insert
or
Section 43ZN(1)(a) and (f), after "whether the"
insert
accused person or
repeal, insert
43ZO Legal counsel to have independent discretion
If an accused person or supervised person is unable to instruct his or her legal counsel on questions relevant to an investigation or proceedings under this Part, the legal counsel may exercise an independent discretion and act as he or she reasonably believes to be the in the person's best interests.
After section 43ZP
insert
43ZPA Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act as a person authorised for section 43ZA(2A).
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.
After section 445
insert
Part XIII Transitional matters for Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010
446 Application to pending matters
(1) Section 43ZD(3A) to (3D) as inserted by the amending Act applies in relation to an application to vary or revoke a supervision order made, but not decided, before the commencement.
(2) Section 43ZE(3A) to (3D) as inserted by the amending Act applies in relation to an application to vary a non-custodial supervision order made, but not decided, before the commencement.
(3) Section 43ZG(5A) to (5C) as inserted by the amending Act applies in relation to a review of a supervision order started, but not completed, before the commencement.
(4) Section 43ZO as inserted by the amending Act applies to any proceedings under Part IIA started, but not completed, before the commencement.
(5) In this section:
amending Act means the Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010.
commencement means the commencement of the amending Act.
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