17.4 - Court Examination Orders

Section 58 authorises a Court to make a 'Court Assessment Order' for a person charged with a simple or an indictable offence where the Court is given a recommendation and agreement for assessment. Where a Court makes such an order it must adjourn proceedings and remand the person in custody. However, a Court Assessment Order should only be made if the person needs to be detained in an Authorised Mental Health Service for assessment. Where this is not necessary, the person can be remanded in custody; granted bail under the Bail Act, and, subsequently assessed as an out-patient or a voluntary patient.

Where a Court makes a 'Court Assessment Order' the person becomes a 'Classified Patient'.