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StatuteChildren, Young Persons, and Their Families Act 1989

Section 333 — Children, Young Persons, and Their Families Act 1989: Medical, psychiatric, and psychological reports

Text of the provision Official document

333 Medical, psychiatric, and psychological reports (1) If, at any stage of any proceedings under Part 4 of this Act, it appears to the Court that a medical, psychiatric, or psychological report should be available to the Court, the Court may make any order that a Family Court is empowered to make under any of the provisions of sections 178 and 181 of this Act, and the provisions of those sections and of sections 179 , 180 , 182 , 183 , 184 , and 185 of this Act shall apply with such modifications as may be necessary. (2) Without limiting the provisions of subsection (1) of this section, the Court may obtain a psychiatric or psychological report under this section in respect of a young person for the purpose of assisting the Court in determining— (a) Whether the young person is unfit to stand trial within the meaning of section 4 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; or (b) If the young person is insane within the meaning of section 23 of the Crimes Act 1961 ; or (c) The type and duration of any order that it is empowered to make under Part 4 of this Act; or (d) The nature of any requirement that it might impose as part of, or as a condition of, any order that it is empowered to make under Part 4 of this Act. (3) Without limiting the provisions of subsection (1) of this section, the Court may make it a condition of any grant of bail that a young person shall attend, in accordance with the Court's directions, for the purposes of a psychiatric examination or a psychological assessment under this section. Subsection (2) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by inserting “ or psychological ” after the words “ the Court may obtain a psychiatric ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (2)(a) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by substituting “ unfit to stand trial within the meaning of section 4 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ” for “ under disability within the meaning of section 108 of the Criminal Justice Act 1985 ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (3) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by inserting “ or a psychological assessment ” after the words “ for the purposes of a psychiatric examination ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

Official source: legislation.govt.nz

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