Criminal Procedure (Mentally Impaired Persons) Amendment Bill
Criminal Procedure (Mentally Impaired Persons) Amendment Bill
This Bill was created from the division of the Criminal Procedure (Reform and Modernisation) Bill. See the other Bills resulting from this division.
Criminal Procedure (Mentally Impaired Persons) Amendment Bill
Criminal Procedure (Mentally Impaired Persons) Amendment Bill
Government Bill
243—3G
As reported from the committee of the whole House
This bill was formerly part of the Criminal Procedure (Reform and Modernisation) Bill as reported from the Justice and Electoral Committee. The committee of the whole House has further amended the bill and divided it into the following bills:
the Criminal Procedure Bill comprising clauses 1 and 2, Parts 1 to 8, the Part 9 heading, clause 416, clause 417, clause 442, and Schedules 1, 1A, and 6
the Bail Amendment Bill (No 3) comprising clauses 401 to 407A, and Schedule 2
the Children, Young Persons, and Their Families Amendment Bill (No 3) comprising clauses 407B to 407D, and Schedule 3
the Corrections Amendment Bill comprising clauses 408 to 410A, and Schedule 3A
the Crimes Amendment Bill (No 5) comprising clauses 410B to 411B, and Schedule 3B
the Criminal Disclosure Amendment Bill comprising clauses 412 to 415B, and Schedule 3C
this bill comprising clauses 417A to 417C, and Schedule 4
the District Courts Amendment Bill (No 2) comprising clauses 418 to 420A, and Schedule 4A
the Evidence Amendment Bill comprising clauses 421 to 423A, and Schedule 4B
the Juries Amendment Bill comprising clauses 424 to 427A, and Schedule 4C
the Justices of the Peace Amendment Bill comprising clauses 427B to 428
the New Zealand Bill of Rights Amendment Bill comprising clauses 428B and 429
the Sentencing Amendment Bill (No 6) comprising clauses 430 to 433A, and Schedule 4D
the Summary Proceedings Amendment Bill (No 4) comprising clauses 434 to 437B, and Schedule 5
the Victims’ Rights Amendment Bill comprising clauses 438 to 441B, and Schedule 5A.
Hon Simon Power
Criminal Procedure (Mentally Impaired Persons) Amendment Bill
Government Bill
243—3G
Contents
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417B Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003
417C Application of amendments made by section 417B
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Schedule 4
Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003
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The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011.
2 Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council.
3 Principal Act amended
This Act amends the Criminal Procedure (Mentally Impaired Persons) Act 2003.
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417B Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003
The Criminal Procedure (Mentally Impaired Persons) Act 2003 is amended in the manner set out in Schedule 4.
417C Application of amendments made by section 417B
The amendments made by section 417B apply in relation to a proceeding for an offence that was commenced before section 417B came into force in accordance with the provisions of sections 389 and 391 to 393 of the Criminal Procedure (Reform and Modernisation) Act 2010.
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Schedule 4 |
s 417B |
Section 4(1)
Definition of acquittal on account of insanity: repeal.
Section 8
Subsection (2): omit “hearing or”
.
Subsection (3)(b): repeal and substitute:
“(b) the charge is dismissed.”
Sections 10 to 12
Repeal and substitute:
“10 Inquiry before trial into defendant's involvement in the offence
“(1) This section applies if the question whether the defendant is unfit to stand trial arises before the trial.
“(2) The court must ascertain whether the court is satisfied of the matter specified in section 9.
“(3) For the purposes of subsection (2), the court may consider—
“(a) any formal statements that have been filed under section 85 of the Criminal Procedure (Reform and Modernisation) Act 2010:
“(b) any oral evidence that has been taken in accordance with an order made under section 92 of the Criminal Procedure (Reform and Modernisation) Act 2010:
“(c) any other evidence that is submitted by the prosecutor or defendant.
“11 Inquiry during Judge-alone trial into defendant's involvement
“(1) This section applies if the question whether the defendant is unfit to stand trial is to be determined during a Judge-alone trial.
“(2) The court must ascertain whether it is satisfied of the matter specified in section 9.
“(3) For the purposes of subsection (2), the court may (whether on the application of a party or on the court's own initiative) do either or both of the following:
“(a) consider any evidence presented at the trial:
“(b) hear any new evidence.
“12 Inquiry during jury trial into defendant's involvement
“(1) This section applies if the question whether the defendant is unfit to stand trial is to be determined during a jury trial.
“(2) The court must ascertain whether it is satisfied of the matter specified in section 9.
“(3) For the purposes of subsection (2), the court may do 1 or more of the following:
“(a) consider any formal statements that have been filed under section 85 of the Criminal Procedure (Reform and Modernisation) Act 2010:
“(c) consider any oral evidence that has been taken in accordance with an order made under section 92 of the Criminal Procedure (Reform and Modernisation) Act 2010:
“(d) consider any evidence presented at the trial:
“(e) hear any new evidence at any stage before the commencement of the closing addresses.”
Section 13
Subsection (2): omit “discharge the defendant”
and substitute “dismiss the charge against the defendant under section 147 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Subsection (3): repeal.
Section 14(4)
Omit “commence or continue the hearing or trial, or commit the defendant for trial, as the case may require”
and substitute “continue the proceedings”
.
Section 16(2)(b)
Omit “the Crimes Act 1961 or the Summary Proceedings Act 1957”
and substitute “Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 17
Subsection (1): omit “direct that the appellant be discharged”
and substitute “dismiss the charge against the appellant”
.
Subsection (2): repeal.
Subsection (3): omit “appellant has been discharged”
and substitute “charge against the appellant has been dismissed”
.
Section 19(2)
Omit “the Crimes Act 1961 and the Summary Proceedings Act 1957”
and substitute “Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 20
Subsection (1): omit “hearing or”
.
Subsection (2): omit “hearing or”
.
Section 21
Subsection (1)(b): omit “the Crimes Act 1961 or the Summary Proceedings Act 1957”
and substitute “Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Subsection (2)(a): omit “information”
and substitute “charge”
.
Subsection (2)(a): omit “or hearing”
.
Subsection (2)(c): omit “or a rehearing”
.
Subsection (4): omit “or hearing”
.
Section 22(3)
Omit “or, as the case may be, the District Court Judge who presided over the court whose decision is appealed against,”
.
Section 29(2)
Omit “the Crimes Act 1961 or the Summary Proceedings Act 1957”
and substitute “Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 38(5)(b)
Omit “section 142 of the Criminal Justice Act 1985”
and substitute “sections 178 to 182 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 42(3)(a)
Repeal and substitute:
“(a) any hearing or the trial in respect of a charge against the person:”.
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Legislative history | |
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| 29 September 2011 | Divided from Criminal Procedure (Reform and Modernisation) Bill (Bill 243–2) by committee of the whole House as Bill 243–3G |