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New Zealand Police v CP [2017] NZYC 243

Published 24 April 2017

Fitness to stand trial — whether psychologist assessment can have any effect on the decision which has already been made — Police v N J [Born in June 1994] — Intellectual Disabilities (Compulsory Care and Rehabilitation) Act 2003, Part 3. The question arose as to whether the Judge should reconsider his finding that the young person was not fit to stand trial in light of a psychologist's assessment made at the Part 3 assessment stage under the ID (CCR) Act. The Judge found that it would not be appropriate for his finding be subject to further opinion after the decision had been made ("Police v N J"). As in "N J", it was not practical to allow a diagnosis to be contradicted by a specialist at the Part 3 stage. The decision would proceed to disposition. Judgment Date: 4 April 2016. * * * Note: Names have been changed to comply with legal requirements * * *

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