Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/51

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100 No. 30599
Government Gazette, 14 December 2007

Act No. 32, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and year of law Short title Extent of repeal or amendment

(aa)

be admitted to and detained in an institution stated in the order and treated as if he or she were an involuntary mental health care user contemplated in section 37 of the Mental Health Care Act, 2002;

(bb)

.....

(cc)

be released subject to such conditions as the court considers appropriate; or

(dd)

be released unconditionally.”.


4. The amendment of section 79 by the substitution for subsection (1) of the following subsection:

“(1) Where a court issues a direction under section 77(1) or 78(2), the relevant enquiry shall be conducted and be reported on—

(a)

where the accused is charged with an offence other than one referred to in paragraph (b), by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; or

(b)

where the accused is charged with murder or culpable homicide or rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or another charge involving serious violence, or if the court considers it to be necessary in the public interest, or where the court in any particular case so directs—

(i)

by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court;

(ii)

by a psychiatrist appointed by the court and who is not in the full-time service of the State;

(iii)

by a psychiatrist appointed for the accused by the court; and

(iv)

by a clinical psychologist where the court so directs.”.


5. The amendment of section 153 by the substitution for subsection (3) of the following subsection:

“(3) In criminal proceedings relating to a charge that the accused committed or attempted to