On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 13/03/2013.
339.
—(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which he is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a mandatory treatment order requiring the offender to undergo psychiatric treatment for a period not exceeding 24 months.
(2) Before making a mandatory treatment order, the court must call for a report to be submitted by an appointed psychiatrist.
(3) A court may make a mandatory treatment order in respect of an offender only if the report submitted by an appointed psychiatrist states that —
(a)
the offender is suffering from a psychiatric condition which is susceptible to treatment;
(b)
the offender is suitable for the treatment; and
(c)
the psychiatric condition of the offender is one of the contributing factors for his committing the offence.
(4) A court must not make a mandatory treatment order in respect of an offender if the report submitted by the appointed psychiatrist states that he is not satisfied with any of the matters referred to in subsection (3)(a) to (c).
(5) In assessing whether an offender is a person suitable for treatment for his psychiatric condition, the appointed psychiatrist may take into account the following factors:
(a)
whether the offender is likely to attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
the physical and mental state of the offender; and
(c)
the financial standing of the offender and his ability to pay all or any part of the costs of his treatment which it is reasonable for him to pay.
(6) For the purpose of obtaining the report from an appointed psychiatrist, a court may order that an offender —
(a)
be remanded for observation in a psychiatric institution for a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report to be submitted by the appointed psychiatrist; or
(b)
attend at a psychiatric institution for assessment to enable the report to be submitted by the appointed psychiatrist.
(7) An offender may, no later than 3 weeks from the date the court has called for a report from an appointed psychiatrist, or at such other time as the court may allow, submit to the appointed psychiatrist any report made by a psychiatrist engaged by the offender.
(8) Before making any report, the appointed psychiatrist shall take into consideration the report made by the psychiatrist engaged by the offender.
(9) Any report made by the appointed psychiatrist shall be taken to be final and conclusive as to the matters referred to in subsection (3)(a), (b) and (c).
(10) A court may impose such conditions as it thinks fit when making a mandatory treatment order.
(11) Before making a mandatory treatment order, the court shall also explain to the offender in ordinary language —
(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 340);
(b)
the consequences which may follow if he fails to comply with any of those obligations, or any conditions imposed by the court under subsection (10); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the appointed psychiatrist.
(12) The court shall extend a copy of any report made by an appointed psychiatrist to the offender or his advocate and to the Public Prosecutor.
(13) The Director of Medical Services may appoint any psychiatrist to be an appointed psychiatrist for the purposes of this section.
(14) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.