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New Zealand Police v MW [2020] NZYC 357

Published 14 April 2021

Inpatient order — unfit to stand trial — mental health — burglary — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 29 & 30 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 8A, 10, 23, 24, 25 & 27 — Oranga Tamariki Act 1989, ss 101 & 110 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. The young person had been deemed unfit to stand trial, and had subsequently been found by the Court to have been involved in the offending (burglary and escaping custody). The young person had been transferred to an youth inpatient service, and the issue now before the Court was to determine the most suitable method for dealing with him. The consultant psychiatrist at the facility recommended that the young person be treated as a patient under the Mental Health (Compulsory Assessment and Treatment) Act. The psychiatrist did not consider that the young person met the criteria for consideration under the Intellectual Disability (Compulsory Care and Rehabilitation) Act. Given that no discharge plan had yet been formulated for the young person, the Judge considered that ongoing rehabilitation in a hospital setting was required, noting the four months suggested by the psychiatrist. The Judge made an order that the young person be treated as an inpatient, and also made an order staying all charges currently before the Youth Court. Judgment Date: 10 July 2020. * * * Note: names have been changed to comply with legal requirements. * * *

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