Victorian Current Acts

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When may the court make a Court Secure Treatment Order?

    (1)     The court may make a Court Secure Treatment Order by way of sentence in relation to a person who is found guilty of an offence or who pleads guilty to an offence if—

        (a)     but for the person having mental illness, the court would have sentenced the person to a term of imprisonment; and

        (b)     the court has considered the person's current mental condition, his or her medical, mental health and forensic history and his or her social circumstances; and

        (c)     the person has been examined by a psychiatrist and the court is satisfied by production of the psychiatrist's report and any other evidence that the following criteria apply to the person—

              (i)     the person has mental illness; and

              (ii)     because the person has mental illness, the person needs treatment to prevent—

    (A)     serious deterioration in the person's mental or physical health; or

    (B)     serious harm to the person or to another person; and

              (iii)     the treatment referred to in subparagraph (ii) will be provided to the person if the person is made subject to a Court Treatment Order; and

              (iv)     there is no less restrictive means reasonably available to enable the person to receive the treatment; and

        (d)     the court has received a report from the authorised psychiatrist of the designated mental health service in which it is proposed that the person be detained and treated—

              (i)     recommending the making of the Order; and

              (ii)     stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.

    (2)     As soon as practicable after making a Court Secure Treatment Order, the court must—

        (a)     notify the authorised psychiatrist that the Order has been made; and

        (b)     give the authorised psychiatrist a copy of the Order.

S. 94C inserted by No. 26/2014 s. 435.

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