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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

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What do you do if you are mentally disordered, short term or long term, and this is relevant to any criminal behaviour committed by you?

This topic is linked with three other topics involving mental health or disabilty.

We have the following three specialist topics:

Mental Health

Insanity as a Defence

Criminal Procedure (Mentally Impaired Persons) Act 2003

The Intellectual Disability Compulsory Treatment and Rehabilitation Act 2003 links to the Criminal Procedure (Mentally Impaired Persons) Act 2003 which gives the Court powers to order individuals with mental impairment who have been charged with or convicted of an imprisonable offence to accept compulsory care and rehabilitation under the Act, or in the case of people with a mental illness, under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Both Acts came into force on 1 September 2004. The  Intellectual Disability Compulsory Treatment and Rehabilitation Act 2003 allows the Court to make a compulsory care order for up to three years, which can be renewed by the Family Court if the care recipient’s behaviour still poses significant risk, and will direct whether the care recipient requires secure or supervised levels of care.

The Act also allows for the transfer of people from prison or mental health services where they meet the criteria for intellectual disability under the Act.

The framework for administering the Act has been adapted from the Mental Health (Compulsory Assessment and Treatment) Act 1992.

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"Thanks for your website, Netlaw. I have a brother who gets into all sorts of fairly minor problems with the police although there was a robbery once. But the thing is that he clearly has mental problems which affect his personality and the way he acts. He is a medical problem rather than a criminal law problem. But the difficulty is trying to understand all the law relating to such people. If you include the insanity definition in the Crimes Act then there are at least 6 Acts of Parliament to read and try and inter-relate. Our family thinks this is really unnecessary. Lou R - Christchurch."
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"Easy to read and it suited what I was looking for. Evan . . . . Ohope"
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"The best topic I have seen so far. Everything I needed. My lawyer said I needed to pay in $2000 to get the thing started. I did it myself. It took some effort but I got there. He did not defend it and now, thanks to Netlaw and the Court staff, I have my Order from the Court in my hand. Money well spent (Identity withheld) Auckland - June 2007"
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"Really useful. One letter (and some draft documents) from me did the trick. I did not need to go near a lawyer. The "other" person was my partner's "ex" and she followed me to work almost every day threatening me but not in a criminal way The Police said she had not committed a crime. My letter worked. She has not done it since but my response looked really professional. Thanks - Barbara - Tauranga "
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