Criminal Law (Mentally Impaired Accused) Act 1996 2
Criminal Law (Mentally Impaired Accused) Regulations 1997
Western Australia
Criminal Law (Mentally Impaired Accused) Regulations 1997
Contents
1.Citation1
2.Commencement1
3.Court to provide documents to Board (s. 25)1
4.Absence without leave — prescribed persons (s. 31)2
5.Forms2
Schedule 1
Forms
Notes
Compilation table12
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 4 April 2008 |
||
Western Australia
Criminal Law (Mentally Impaired Accused) Act 1996 2
Criminal Law (Mentally Impaired Accused) Regulations 1997
These regulations may be cited as the Criminal Law (Mentally Impaired Accused) Regulations 1997 1.
[Regulation 1 amended: Gazette 31 Jul 2007 p. 3795.]
These regulations come into operation on the day on which the Criminal Law (Mentally Impaired Accused) Act 1996 comes into operation 1, 3.
3.Court to provide documents to Board (s. 25)
(1)When a court makes a custody order the Registrar of the court is to —
(a)immediately notify the Board that the order has been made; and
(b)within 2 working days after the order is made give to the Board copies of the documents listed in subsection (2).
(2)The documents to be provided to the Board are —
(a)the custody order;
(b)the prosecution notice or indictment;
(c)either —
(i)the statement of facts by the prosecutor;
(ii)if there is no statement of facts, a copy of the relevant parts of the transcript of proceedings; or
(iii)if there is no transcript or it will not be available in time, a written summary of the facts prepared by the judicial officer who made the order;
(d)the offender’s criminal record (if tendered to the court);
(e)any pre‑sentence report;
(f)any other reports considered by the court when making the custody order; and
(g)either —
(i)the written reasons for making the custody order;
(ii)if written reasons are not given or they will not be available in time, a copy of the relevant parts of the transcript of proceedings; or
(iii)if there is no transcript or it will not be available in time, a written summary of the reasons prepared by the judicial officer who made the order.
[Regulation 3 amended: Gazette 31 Jul 2007 p. 3795.]
4.Absence without leave — prescribed persons (s. 31)
A person is qualified for the purposes of section 31(3) of the Act if the person is a mental health practitioner as defined in the Mental Health Act 2014 section 4.
[Regulation 4 amended: Gazette 29 Dec 2015 p. 5178.]
(1)The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.
(2)Subject to section 74 of the Interpretation Act 1984, if a form is prescribed in relation to a matter, the matter is to be done, effected or set out in that form.
Form 1 — Arrest Warrant
|
WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996, s. 37, 49 ARREST WARRANT |
|
|
|
|
CWI Warrant No.: |
|
|
To |
All police officers |
|
Accused |
Name:
|
Date of birth: |
|
Reasons for issue
Command |
The accused has been charged with the offences set out below and was released on a release order. That order has now been cancelled. You are commanded to arrest the accused and take him or her to the place of custody set out below. |
|
Offences |
Charge/indict no. |
Offence |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Release order |
Date of order: |
Date release: |
|
Date order cancelled: |
||
|
Place of custody |
|
|
Issuing officer |
Name: |
Date: |
|
Office: |
||
|
Signature: |
||
|
Details of arrest (To be completed by police officer) |
Date: |
Time: |
|
|
Place:
|
|||
|
Police officer (name) |
|||
|
Station/division: |
No.: |
||
|
Signature:
|
Date: |
||
[Form 1 amended: Gazette 31 Jul 2007 p. 3795.]
Form 2 — Custody Order
|
WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996,
CUSTODY ORDER |
|
o |
Supreme Court |
|
o |
District Court |
||
|
o |
Magistrates Court |
||
|
o |
Children’s Court |
||
|
At: |
|
||
|
To |
All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Court Security and Custodial Services Act 1999 Persons in charge of authorised hospitals Chief executive officers under the Prisons Act 1981 or the Young Offenders Act 1994. |
|
Accused |
Name:
|
Date of birth: |
|
Command |
The accused has been charged with the offences set out below. You are ordered to take the accused to the place of custody set out below and detain him or her there until a determination is made by the Board under section 25 of the Criminal Law (Mentally Impaired Accused) Act 1996. |
|
Reasons for issue |
oUnfit to stand trial — oin court of summary jurisdiction (s. 16) oin superior court (s. 19) oAcquitted on account of unsoundness of mind — oin superior court (s. 21) oin court of summary jurisdiction (s. 22) |
|
Offences |
Charge/indict no. |
Offence |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Place of custody |
|
|
Issuing officer |
Name: |
Date: |
|
Judicial officer (s) / Clerk of Arraigns |
||
|
Signature:
|
||
[Form 2 amended: Gazette 28 Jul 2000 p. 4008; 31 Jul 2007 p. 3795.]
Form 3 — Hospital Order
|
WESTERN AUSTRALIA
Criminal Law (Mentally Impaired Accused) Act 1996, s. 5, 14
HOSPITAL ORDER |
|
o |
Supreme Court |
|
o |
District Court |
||
|
o |
Magistrates Court |
||
|
o |
Children’s Court |
||
|
At: |
|
||
|
To |
All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Court Security and Custodial Services Act 1999 Persons in charge of authorised hospitals Chief executive officers under the Prisons Act 1981 or the Young Offenders Act 1994. |
|
Accused |
Name: |
Date of birth: |
|
Order |
The accused has been charged with the offences set out below. You are ordered to take the accused to the authorised hospital set out below for examination by a psychiatrist to determine if he or she should be made an involuntary patient. If the accused is made an involuntary patient, you must detain him or her in an authorised hospital until the appearance date when you must bring him or her to court. If the accused is not made an involuntary patient, he or she is to be detained in custody in prison or a detention centre (as the case may be) until the appearance date. |
|
Offences |
Charge/indict no. |
Offence |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Authorised hospital |
|
|
Appearance |
Date: |
Time: |
|
Place:
|
||
|
Issuing officer |
Name: |
Date: |
|
Judicial officer (s) / Clerk of Arraigns |
||
|
Signature: |
||
|
Results of assessment by psychiatrist |
I have examined the accused and — o haveo have not made him or her an involuntary patient. |
|
|
Name of psychiatrist: |
Date: |
|
|
Signature: |
||
[Form 3 amended: Gazette 28 Jul 2000 p. 4009; 31 Jul 2007 p. 3795‑6.]
Form 4 — Release Order
|
WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996, s. 35 RELEASE ORDER |
|
|
|
Accused |
Name: |
Date of birth: |
|
|
Address:
|
|
|
Offences |
Charge/indict no. |
Offence |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reason for order |
The accused was charged with the offences set out above. A custody order was made against the accused because he or she was — oUnfit to stand trial — oin court of summary jurisdiction oin superior court oAcquitted on account of unsoundness of mind — oin superior court oin court of summary jurisdiction
|
|
Release order |
The accused is to be released — ounconditionally or oon the following conditions:
Date accused to be released: ____________________________ Date of expiry of order (if any): ___________________________ |
|
Governor |
Name: |
Date: |
|
Signature: |
||
|
NOTE TO THE ACCUSED |
If this release order is subject to conditions and you breach those conditions, the release order may be cancelled. If this happens the custody order made against you by the court will come back into force. |
[Form 4 amended: Gazette 31 Jul 2007 p. 3796.]
1This is a compilation of the Criminal Law (Mentally Impaired Accused) Regulations 1997 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Criminal Law (Mentally Impaired Defendants) Regulations 1997 4 |
11 Nov 1997 p. 6215‑20 |
13 Nov 1997 (see r. 2) |
|
Criminal Law (Mentally Impaired Defendants) Amendment Regulations 2000 |
28 Jul 2000 p. 4008‑9 |
28 Jul 2000 |
|
Reprint 1: The Criminal Law (Mentally Impaired Defendants) Regulations 1997 as at 6 Feb 2004 (includes amendments listed above) |
||
|
Criminal Law (Mentally Impaired Defendants) Amendment Regulations 2007 |
31 Jul 2007 p. 3794-6 |
r. 1 and 2: 31 Jul 2007 (see r. 2(a)); |
|
Reprint 2: The Criminal Law (Mentally Impaired Accused) Regulations 1997 as at 4 Apr 2008 (includes amendments listed above) |
||
|
Criminal Law (Mentally Impaired Accused) Amendment Regulations 2015 |
29 Dec 2015 p. 5177‑8 |
r. 1 and 2: 29 Dec 2015 (see r. 2(a)); |
2Formerly referred to the Criminal Law (Mentally Impaired Defendants) Act 1996 the short title of which was changed to the Criminal Law (Mentally Impaired Accused) Act 1996 by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82.
3Formerly referred to the Criminal Law (Mentally Impaired Defendants) Act 1996 the short title of which was changed to the Criminal Law (Mentally Impaired Accused) Act 1996 by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82. This reference was changed under the Reprints Act 1984 s. 7(3)(gb).
4Now known as the Criminal Law (Mentally Impaired Accused) Regulations 1997; citation changed (see note under r. 1).