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:
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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