s. 91 91 Diagnosis, assessment and treatment orders S. 91 amended by Nos 98/1995 s. 64(3)(d), 69/2005 s. 4(3)(b)(4) (ILA s. 39B(1)). (1) If on the trial or hearing of a person for an S. 91(1) amended by offence— No. 68/2009 s. 97(Sch. (a) the person is found guilty; and item 110.71). (b) the court is satisfied by the production of a S. 91(b) amended by certificate in the prescribed form of a No. 98/1995 psychiatrist and any other evidence that it s. 64(3), substituted by may require that— No. 69/2005 s. 4(3)(a). (i) the person appears to be mentally ill; and (ii) the person's mental illness requires treatment and that treatment can be obtained by the person being subject to an order under this section; and (iii) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and (c) the court has received a report in the S. 91(c) amended by prescribed form from the authorised No. 98/1995 psychiatrist of the approved mental health s. 64(3)(d), substituted by service in which the person is proposed to be No. 69/2005 detained— s. 4(3)(a). (i) recommending the making of the order; and (ii) stating that there are facilities or services available at that service for the
S. 91 amended by Nos 98/1995 s. 64(3)(d), 69/2005 s. 4(3)(b)(4) (ILA s. 39B(1)). 91 Diagnosis, assessment and treatment orders s. 91 S. 91(1) amended by No. 68/2009 s. 97(Sch. item 110.71). (1) If on the trial or hearing of a person for an offence— (a) the person is found guilty; and S. 91(b) amended by No. 98/1995 s. 64(3), substituted by No. 69/2005 s. 4(3)(a). (b) the court is satisfied by the production of a certificate in the prescribed form of a psychiatrist and any other evidence that it may require that— (i) the person appears to be mentally ill; and (ii) the person's mental illness requires treatment and that treatment can be obtained by the person being subject to an order under this section; and (iii) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and S. 91(c) amended by No. 98/1995 s. 64(3)(d), substituted by No. 69/2005 s. 4(3)(a). (c) the court has received a report in the prescribed form from the authorised psychiatrist of the approved mental health service in which the person is proposed to be detained— (i) recommending the making of the order; and (ii) stating that there are facilities or services available at that service for the
91-49a154.docx