Western Australian Consolidated Regulations

CRIMINAL LAW (MENTALLY IMPAIRED ACCUSED) REGULATIONS 1997 - SCHEDULE 1

Forms

Form 1 — Arrest Warrant

WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996 , s. 37, 49 ARREST WARRANT
		CWI Warrant No.:

To	All police officers

Accused

Name:

Date of birth:

Reasons for issue Command

The accused has been charged with the offences set out below and was released on a release order. That order has now been cancelled. You are commanded to arrest the accused and take him or her to the place of custody set out below.

Offences	Charge/indict no.	Offence

Release order	Date of order:	Date release:
	Date order cancelled:

Place of custody

Issuing officer	Name:	Date:
	Office:
	Signature:

Details of arrest (To be completed by police officer)	Date:	Time:
	Place:
	Police officer (name)
	Station/division:		No.:
	Signature:		Date:

        [Form 1 amended in Gazette 31 Jul 2007 p. 3795.]

Form 2 — Custody Order

WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996 , s. 16, 19, 21, 22 CUSTODY ORDER		□	Supreme Court
		□	District Court
		□	Magistrates Court
		□	Children’s Court
		At:

To	All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Court Security and Custodial Services Act 1999 Persons in charge of authorised hospitals Chief executive officers under the Prisons Act 1981 or the Young Offenders Act 1994 .

Accused

Name:

Date of birth:

Command

The accused has been charged with the offences set out below. You are ordered to take the accused to the place of custody set out below and detain him or her there until a determination is made by the Board under section 25 of the Criminal Law (Mentally Impaired Accused) Act 1996 .

Reasons for issue

□         Unfit to stand trial —          □         in court of summary jurisdiction (s. 16)         □         in superior court (s. 19) □         Acquitted on account of unsoundness of mind —          □         in superior court (s. 21)         □         in court of summary jurisdiction (s. 22)

Offences	Charge/indict no.	Offence

Place of custody

Issuing officer	Name:	Date:
	Judicial officer (s) / Clerk of Arraigns
	Signature:

        [Form 2 amended in Gazette 28 Jul 2000 p. 4008; 31 Jul 2007 p. 3795.]

Form 3 — Hospital Order

WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996 , s. 5, 14 HOSPITAL ORDER		□	Supreme Court
		□	District Court
		□	Magistrates Court
		□	Children’s Court
		At:

To	All police officers All persons authorised to exercise a power set out in clause 5 of Schedule 2 to the Court Security and Custodial Services Act 1999 Persons in charge of authorised hospitals Chief executive officers under the Prisons Act 1981 or the Young Offenders Act 1994 .

Accused

Name:

Date of birth:

Order

The accused has been charged with the offences set out below. You are ordered to take the accused to the authorised hospital set out below for examination by a psychiatrist to determine if he or she should be made an involuntary patient. If the accused is made an involuntary patient, you must detain him or her in an authorised hospital until the appearance date when you must bring him or her to court. If the accused is not made an involuntary patient, he or she is to be detained in custody in prison or a detention centre (as the case may be) until the appearance date.

Offences	Charge/indict no.	Offence

Authorised hospital

Appearance	Date:	Time:
	Place:

Issuing officer	Name:	Date:
	Judicial officer (s) / Clerk of Arraigns
	Signature:

Results of assessment by psychiatrist	I have examined the accused and —          □ have                 □ have not made him or her an involuntary patient.
	Name of psychiatrist:	Date:
	Signature:

        [Form 3 amended in Gazette 28 Jul 2000 p. 4009; 31 Jul 2007 p. 3795‑6.]

Form 4 — Release Order

WESTERN AUSTRALIA Criminal Law (Mentally Impaired Accused) Act 1996 , s. 35 RELEASE ORDER

Accused	Name:	Date of birth:
	Address:

Offences	Charge/indict no.	Offence

Reason for order

The accused was charged with the offences set out above. A custody order was made against the accused because he or she was —          □         Unfit to stand trial —                 □         in court of summary jurisdiction                 □         in superior court         □         Acquitted on account of unsoundness of mind —                 □         in superior court                 □         in court of summary jurisdiction

Release order

The accused is to be released —         □         unconditionally or         □         on the following conditions: Date accused to be released: ____________________________ Date of expiry of order (if any): ___________________________

Governor	Name:	Date:
	Signature:

NOTE TO THE ACCUSED

If this release order is subject to conditions and you breach those conditions, the release order may be cancelled. If this happens the custody order made against you by the court will come back into force.

        [Form 4 amended in Gazette 31 Jul 2007 p. 3796.]