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Amendment of section 4 of Act of 2006.
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4.— Section 4 of the Act of 2006 is amended—
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(a) in subsection (3), by the insertion of the following paragraph after paragraph (a):
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“(aa) In a case to which paragraph (a) relates, the Court may request evidence of an approved medical officer to be adduced before it in respect of the accused person for the purposes of—
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(i) determining whether to adjourn the proceedings until further order to facilitate the accused person in accessing any care or treatment necessary for the welfare of the person,
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(ii) making a determination as to whether or not the accused person is fit to be tried, or
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(iii) exercising a power referred to in subsection (6)(a).”,
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(b) in subsection (3)(b)(i)—
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(i) by the substitution of “subsection (6)(b)” for “subsection (6)”, and
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(ii) by the insertion of “or 13A” after “section 13”,
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(c) in subsection (3)(b)(ii), by the substitution of “subsection (6)(b)” for “subsection (6)”,
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(d) in subsection (5), by the insertion of the following paragraph after paragraph (b):
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“(bb) In a case to which paragraph (a) relates, the court may request evidence of an approved medical officer to be adduced before it in respect of the accused person for the purposes of—
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(i) determining whether to adjourn the proceedings until further order to facilitate the accused person in accessing any care or treatment necessary for the welfare of the person,
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(ii) making a determination as to whether or not the accused person is fit to be tried, or
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(iii) exercising a power referred to in subsection (6)(a).”,
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(e) in subsection (5)(c)(i)—
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(i) by the substitution of “subsection (6)(b)” for “subsection (6)”, and
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(ii) by the insertion of “or 13A” after “section 13”,
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(f) in subsection (5)(c)(ii), by the substitution of “subsection (6)(b)” for “subsection (6)”, and
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(g) by the substitution of the following subsection for subsection (6):
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“(6) (a) For the purposes of determining whether or not to exercise a power under subsection (3)(b)(i) or (ii) or subsection (5)(c)(i) or (ii), the court, having considered the evidence of an approved medical officer adduced before it in respect of the accused person—
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(i) may for that purpose—
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(I) commit the accused person to a designated centre for a period of not more than 14 days, or
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(II) by order direct that the accused person attend a designated centre as an out-patient on such day or days as the court may direct within a period of 14 days from the date of the making of the order,
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and
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(ii) shall direct that the accused person concerned be examined by an approved medical officer at the designated centre.
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(b) Within the period authorised by the court under this subsection, the approved medical officer who examined the accused person pursuant to subparagraph (ii) of paragraph (a) shall report to the court on whether or not in his or her opinion the accused person is—
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(i) suffering from a mental disorder (within the meaning of the Act of 2001) and is in need of in-patient care or treatment in a designated centre, or
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(ii) suffering from a mental disorder or a mental disorder (within the meaning of the Act of 2001) and is in need of out-patient care or treatment in a designated centre.”.
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