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MENTAL HEALTH ACT 2016 - SECT 177

Power to make examination order for person charged with simple offence

177 Power to make examination order for person charged with simple offence

(1) This section applies if—
(a) a Magistrates Court—
(i) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or
(ii) is reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and
(b) the court—
(i) is reasonably satisfied the person has a mental illness; or
(ii) is unable to decide whether the person has a mental illness or another mental condition.
(2) The court may make an order (an
"examination order" ) in relation to the person.
Note—
An examination order is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.
(3) Also, if the complaint has not been dismissed under section 172 and the hearing of the complaint has not been adjourned under section 173 , the court may adjourn the hearing of the complaint.
(4) The examination order authorises an authorised doctor for the authorised mental health service or public sector health service facility stated in the order to examine the person, without the person’s consent, to decide whether to—
(a) make a treatment authority for the person; or
(b) make a recommendation for the person’s treatment and care; or
(c) if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.
(5) Also, the examination order may—
(a) direct an authorised person to transport the person immediately to the authorised mental health service; or
Note—
For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .
(b) direct the person to attend at the authorised mental health service or public sector health service facility within a stated time, of not more than 28 days, after the order is made.
Note—
See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .
(6) The registrar of the court must, as soon as practicable after the examination order is made, give written notice of the order to—
(a) if an authorised mental health service is stated in the order—the administrator of the service; or
(b) if a public sector health service facility is stated in the order—the person in charge of the facility.



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