s.159Powers to deal with persons not guilty by reason of insanity or unfit to plead etc.
159
Section 159Part 7 — Procedure Relating to Persons Found Insane

Powers to deal with persons not guilty by reason of insanity or unfit to plead etc.

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Where an accused person is found to be insane before or upon arraignment, in accordance with section 122(2), or a special verdict is found against that person under section 158, the court shall make in respect of the accused —
a supervision order;
a treatment order;
an order under the Alternative Sentencing Act (2008 Revision);
an order for the conditional discharge of the person; or
an order for the absolute discharge of the person
The court, before making an order under subsection (1)(a) and (b), must be satisfied on the evidence of one or more mental health professionals, at least one of whom must be a psychiatrist or a psychologist, that the defendant is mentally disordered and requires confinement and treatment or only treatment for such disorder.
Where the court makes an order under subsection (1)(a) the court shall order the person to be kept at a hospital, prison, place of safety or other place appointed by any law for the reception or custody of insane persons until discharged by order of the court, and the court shall consult with the Chief Medical Officer, and mental health professionals and social workers assigned to the person with regard to the discharge of the person.
When a person is sent to a hospital, place of safety or other place appointed by any law for the reception or custody of insane persons under this section, officers of such hospital, place of safety or other place may exercise the same powers and authorities for the restraint of such person as can by law be exercised by or are vested in a gaoler or any other officers in respect of persons sentenced to imprisonment.
Where the court has power under subsection (1)(e) to make an order for the absolute discharge of the accused, the court may do so where it is of the opinion, having regard to the circumstances, including the nature of the offence charged and the character of the accused, that such an order would be most suitable in all the circumstances of the case.
In the exercise of its powers under subsection (1), the court may take into account any undertaking given by, or on behalf of, the person that the person shall undergo or continue to undergo a particular programme or course of treatment.
The court may, from time to time, after consultation with the Chief Medical Officer, issue all necessary orders for the care, control and custody of any person detained under this section and such orders may vary or revoke other orders made under this section and may contain such conditions as the court determines to be necessary.

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