Sentencing (No. 2) (Amendment) Regulations 1996

i Sentencing (No. 2) (Amendment) Regulations 1996 S.R. No. 46/1996 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Substitution of new forms 2 Form 8—Assessment Order for admission to and detention in an approved mental health service 2 Form 9—Certificate of psychiatrist for diagnosis, assessment and treatment order, hospital order or hospital security order 3 Form 10—Report of authorized psychiatrist for diagnosis, assessment and treatment order, hospital order or hospital security order 4 Form 11—Diagnosis, assessment and treatment order 5 Form 12—Hospital order 6 Form 13—Hospital security order 7 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1996 S.R. No. 46/1996 Sentencing Act 1991 Sentencing (No. 2) (Amendment) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 18 June 1996 Responsible Minister: JAN WADE Attorney-General A. WILTSHIRE Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend various forms in the Sentencing (No. 2) Regulations 1992 as a consequence of amendments to the Mental Health Act 1986. 2. Authorising provisions These Regulations are made under sections 90, 91, 93 and 116 of the Sentencing Act 1991. 3. Commencement These Regulations come into operation on the day on which section 64 of the Mental Health (Amendment) Act 1995 comes into operation. -- 2 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 2 4. Substitution of new forms In the Sentencing (No. 2) Regulations 1992 1 for Forms 8 to 13 substitute— "Form 8 Regulation 14 ASSESSMENT ORDER FOR ADMISSION TO AND DETENTION IN AN APPROVED MENTAL HEALTH SERVICE Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service 1. The defendant has been found guilty of the following offence: 2. The Court is of the opinion that— (a) the defendant appears to be mentally ill and may require treatment for the illness; and (b) the treatment can be obtained by admission to and detention in an approved health service; and (c) because of the defendant's mental illness, the defendant should be admitted and detained for treatment as an involuntary patient for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. 3. The Court has received advice in writing from you that the service has the facilities to undertake an assessment of the defendant's suitability for a hospital order or hospital security order. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient for a period of hours (not exceeding 72 hours) to enable an assessment to be made of his or her suitability for an order under section 93 of the Sentencing Act 1991, and thereafter to be brought before this Court on at am/pm. r. 4 -- 3 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 3 _____________________________________________________________ CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant— (a) to the approved mental health service named above; and (b) from the approved mental health service named above to the Court. _____________________________________________________________ Dated: Day Month Year Signature of Judge/Magistrate ____ Form 9 Regulation 15 CERTIFICATE OF PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL ORDER OR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court Full name of defendant Defendant's address _____________________________________________________________ I am a registered medical practitioner and psychiatrist. I personally examined the defendant on at am/pm. It is my opinion that— (a) the defendant appears to be mentally ill and to require treatment for the illness; and (b) the treatment can be obtained by admission to and detention in an approved mental health service; and (c) the defendant should be admitted as— r. 4 -- 4 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 4 ❏ an involuntary patient ❏ a security patient for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. I base my opinion on the following facts: _____________________________________________________________ Signature of certifying psychiatrist [Full name in block letters] [Full address] Telephone No. [Qualifications] Date: ❏ Tick whichever applies ___ Form 10 Regulation 16 REPORT OF AUTHORISED PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL ORDER OR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court Full name of defendant Defendant's address I have read the certificate of Dr [full name] dated concerning the defendant and I recommend that the defendant be admitted to and detained in an approved mental health service— ❏ as an involuntary patient under section 91 of the Sentencing Act 1991 for diagnosis, assessment and treatment for a period not exceeding 3 months. r. 4 -- 5 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 5 ❏ as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991. ❏ as a security patient under section 93(1)(e) of the Sentencing Act 1991. I [full name] am the authorised psychiatrist of the above approved mental health service. [signature of authorised psychiatrist] [Qualifications] Telephone No. Date: ❏ Tick whichever applies ___ Form 11 Regulation 17(1) DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient to enable diagnosis, assessment and treatment for a period of (not exceeding 3 months) under section 91 of the Sentencing Act 1991. r. 4 -- 6 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 6 _____________________________________________________________ CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant— ❏ to the approved mental health service name above; and ❏ from the approved mental health service named above to the court. _____________________________________________________________ Dated: Day Month Year Signature of Judge/Magistrate ❏ Tick whichever applies ____ Form 12 Regulation 17(2) HOSPITAL ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991. r. 4 -- 7 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 7 ____________________________________________________________ CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. _____________________________________________________________ Dated: Day Month Year Signature of Judge/Magistrate ____ Form 13 Regulation 17(3) HOSPITAL SECURITY ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as a security patient under section 93(1)(e) of the Sentencing Act 1991 for a period of . The non-parole period of is fixed. _____________________________________________________________ CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. _____________________________________________________________ r. 4 -- 8 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 8 Dated: Day Month Year Signature of Judge/Magistrate". ═══════════════ r. 4 -- 9 of 10 -- S.R. No. 46/1996 Sentencing (No. 2) (Amendment) Regulations 1996 9 NOTES 1 S.R. No. 54/1992 as amended by S.R. No. 149/1993. -- 10 of 10 --