A restriction order is an order made by a Judge of the Supreme Court under Section 24 of the Criminal Justice (Mental Impairment) Act 1997. A Restriction Order requires a person to be detained in the Wilfred Lopes Centre until the order is discharged by the Supreme Court.
A Restriction Order can be made when a person is unfit to stand trial; is convicted of an offence and has a mental illness; is not guilty of an offence by reason of insanity.
A restriction order is an order made by a Judge of the Supreme Court in relation to a person who has a mental illness, who has been found not guilty of an offence with which they were charged by reason of insanity, and who requires treatment in a secure mental health unit.
Only the Supreme Court can discharge a restriction order.
Section 37 of the Criminal Justice (Mental Impairment) Act 1999 requires the Tribunal to review all persons subject to a restriction order 12 months after the order was made and at least once every 12 months after that.
Section 35 requires the Tribunal to have regard to the following when reviewing the order:-
(a) the nature of the defendant's mental impairment or other condition or disability; and
(b) whether the defendant is, or would if released be, likely to endanger another person or other persons generally; and
(c) whether there are adequate resources available for the treatment and support of the defendant in the community; and
(d) whether the defendant is likely to comply with the conditions of a supervision order; and
(e) other matters that the court thinks relevant.
The Tribunal must also consider the principle that restrictions on the defendant's freedom and personal autonomy should be kept to the minimum consistent with the safety of the community.
If the Tribunal is satisfied that the safety of the community no longer warrants the persons detention in the Wilfred Lopes Centre they can issue a certificate that will allow the person to apply to the Supreme Court to have the Restriction Order discharged.
What happens at the Tribunal's Review?
What determinations can the Tribunal make?