12 May 2023
MCMICHAEL v POLICE [2023] NZHC 1125
- Citation
- [2023] NZHC 1125
- Court
- High Court
Leave to appeal was granted because the application raised two properly identifiable and arguable questions of law: (1) whether the presiding Judge had jurisdiction to enter not guilty pleas after ordering s 38 health assessments, and (2) whether it is lawful or in the defendant's interests under s 8(1) CP(MIP) Act to postpone a fitness determination and remand solely because no hospital bed is available; the High Court directed that these questions proceed to hearing with timetable directions.
- Fitness to stand trial
- Insanity
- Criminal procedure (mentally impaired persons) act 2003
- Remand in custody
- Jurisdiction to enter pleas
- Leave to appeal