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Amendment of section 5 of Act of 2006
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212. Section 5 of the Act of 2006 is amended—
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(a) in subsection (1)(a), by the substitution of “had, at the time, a mental disorder” for “was suffering at the time from a mental disorder”,
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(b) in subsection (2), by the substitution of “has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission” for “is suffering from a mental disorder (within the meaning of the Act of 2001)”,
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(c) in subsection (3)—
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(i) by the substitution of the following paragraph for paragraph (a):
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“(a) For the purposes of subsection (2), if the court considers that an accused person found not guilty by reason of insanity pursuant to subsection (1) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and may be in need of in-patient care or treatment in a designated centre, the court may commit that person to a specified designated centre for a period of not more than 14 days and direct that during such period he or she be examined by a consultant psychiatrist at that centre.”,
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(ii) in paragraph (b), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and
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(iii) by the substitution of the following paragraph for paragraph (c):
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“(c) Within the period of committal authorised by the court under this subsection the consultant psychiatrist concerned shall report to the court on whether in his or her opinion the accused person committed under paragraph (a) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre.”,
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and
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(d) in subsection (4), by the substitution of “had a mental disorder” for “was suffering from a mental disorder” in both places that it occurs.
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