Criminal Law (Mentally Impaired Accused) Regulations 1997 (WA)
Western Australia
Criminal Law (Mentally Impaired Accused) Act 1996 1
These regulations were repealed by the
Western Australia
Western Australia
Criminal Law (Mentally Impaired Accused) Act 1996 1Criminal Law (Mentally Impaired Accused) Act 1996
These regulations may be cited as the
These regulations come into operation on the day on which the
(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.
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
(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 |
CWI Warrant No.: |
All police officers |
Name: | Date of birth: |
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. |
Charge/indict no. | Offence |
Date of order: | Date release: | |
Date order cancelled: | ||
Name: | Date: | |
Office: | ||
Signature: |
(To be completed by police officer) | Date: | Time: | |
Place: | |||
Police officer (name) | |||
Station/division: | No.: | ||
Signature: | Date: | ||
Form 2 — Custody Order
WESTERN AUSTRALIA | o | Supreme Court |
o | District Court | |
o | Magistrates Court | |
o | Children’s Court | |
At: |
All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Persons in charge of authorised hospitals Chief executive officers under the |
Name: | Date of birth: |
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 |
o Unfit to stand trial —
o Acquitted on account of unsoundness of mind —
|
Charge/indict no. | Offence |
Name: | Date: | |
Judicial officer (s) / Clerk of Arraigns | ||
Signature: |
Form 3 — Hospital Order
WESTERN AUSTRALIA | o | Supreme Court |
o | District Court | |
o | Magistrates Court | |
o | Children’s Court | |
At: |
All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Persons in charge of authorised hospitals Chief executive officers under the |
Name: | Date of birth: |
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. |
Charge/indict no. | Offence |
Date: | Time: | |
Place: | ||
Name: | Date: | |
Judicial officer (s) / Clerk of Arraigns | ||
Signature: |
I have examined the accused and — o have o have not made him or her an involuntary patient. | ||
Name of psychiatrist: | Date: | |
Signature: | ||
Form 4 — Release Order
WESTERN AUSTRALIA |
Name: | Date of birth: | |
Address: | ||
Charge/indict no. | Offence |
The accused was charged with the offences set out above. A custody order was made against the accused because he or she was —
o in court of summary jurisdiction o in superior court
o in superior court o in court of summary jurisdiction |
The accused is to be released —
or
Date accused to be released: ____________________________ Date of expiry of order (if any): ___________________________ |
Name: | Date: | |
Signature: |
This is a compilation of the
11 Nov 1997 p. 6215‑20 | 13 Nov 1997 (see r. 2) | |
28 Jul 2000 p. 4008‑9 | 28 Jul 2000 | |
31 Jul 2007 p. 3794-6 | r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b)) | |
29 Dec 2015 p. 5177‑8 | r. 1 and 2: 29 Dec 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Dec 2015 (see r. 2(b)) | |
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