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National Intellectual Disability Care Agency v Joleen Lewis [2016] NZFC 2441

Published 31 July 2016

Compulsory secure care order — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, s 85 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 25(1)(b) — Summary Offences Act 1981. A secure care order was made pursuant to s 25(1)(b) of the CP(MIP) Act in 2012 following two charges of common assault and wilful damage under the Summary Offences Act. The patient had previously consented to extensions of that order, but did not consent to the application for extension in these proceedings. The patient had made it clear that she wished to be released, although the Judge determined the risk of the patient quickly re-entering the system was too high if the secure care order was not extended. The patient had shown little ability to change and her progress had not been significant. The Judge stated that that this was “a case which highlights a very real difficulty of trying to balance risk with rehabilitation and re-integration. The options are very limited.” **Note: names have been changed to comply with legal requirements.