Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941245071.pdf (New Zealand)
Rights for Victims of Insane Offenders Bill Member’s Bill As reported from the Justice Committee Commentary Recommendation The Justice Committee has examined the Rights for Victims of Insane Offenders Bill for a second time, and recommends that it be passed.

We recommend all amendments unanimously.

Introduction The Rights for Victims of Insane Offenders Bill is an omnibus Member’s bill in the name of Hon Louise Upston.
It aims to ensure that victims of legally insane offenders are treated equivalently with other victims of crime.

It also seeks to develop a more victim-centred approach when the court is considering cases involving defendants found unfit to stand trial or acquitted on account of insanity.
The bill would amend the Criminal Procedure (Mentally Impaired Persons) Act 2003, the Mental Health (Compulsory Assessment and Treatment) Act 1992, the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and the Victims’ Rights Act 2002.

Consideration of the bill so far The bill was initially referred to the Justice Committee on 1 July 2020.
We reported it back to the House on 16 April 2021 with recommendations for extensive amend‐ ments.1 The House unanimously adopted the recommendations on 12 May 2021.

(For clarity, in this report we refer to the version of the bill containing our recommended amendments as the “bar-2” version.)

1 The Justice Committee’s initial commentary on this bill and recommendations can be found on the Parliament website.
129—3 2 Rights for Victims of Insane Offenders Bill Commentary On 24 May 2021, the Chief Justice wrote to the Attorney-General stating that the judiciary had substantial concerns about the implications of some of those amend‐ ments.

In particular, they focused on new section 20, which would be inserted by clause 5 in the bar-2 version of the bill.
On 30 June 2021, the House referred the bill back to the Justice Committee, with the instruction that the committee consider the Chief Justice’s advice on the bill.

Chief Justice’s letter outlining concerns with the bill The judiciary’s concerns related to the proposed wording of the verdict in the event that a defendant was found to be insane and acquitted on that basis.
The verdict for such an outcome in section 20 of the Criminal Procedure (Mentally Impaired Persons) Act is currently “not guilty on account of his or her insanity”.

The proposed amend‐ ment in the bar-2 version of the bill would replace this finding with “proven but insane”.

The Chief Justice outlined a number of concerns with proposed new section 20.

We have considered the Chief Justice’s concerns and redrafted proposed section 20 for the House’s consideration.
Proposed amendments This commentary covers the main amendments we recommend to the bar-2 version of the bill.

We do not discuss minor or technical amendments.

In response to the Chief Justice’s concerns, Hon Louise Upston prepared Supplement‐ ary Order Paper (SOP) No 52.

We have considered these amendments and included them in our recommended amendments to the bill.
The majority of the amendments we recommend are to the Criminal Procedure (Men‐ tally Impaired Persons) Act 2003 (referred to below as the Act).

We have recommen‐ ded some consequential amendments to the Victims’ Rights Act 2002, which would amend the wording of the proposed verdict.
Amending the commencement date Given the time that has passed since this bill was first reported back to the House, we recommend amending the proposed commencement date of the bill from 1 July 2022 to “the date that is 1 year after the date on which this Act receives the Royal assent”.

Replacing the proposed verdict Clause 5 of the bill would replace section 20 of the Act, which contains provisions for when a defendant is found not guilty on account of his or her insanity.
The bill cur‐ rently proposes to replace section 20 with a finding of “proven but insane”.

The bill is not intended to alter existing court procedure, beyond changing the wording of the verdict and requiring the Judge to explain the verdict.

We recommend that this section be replaced to reflect a new finding of “act proven but not criminally responsible on account of insanity”.
Commentary Rights for Victims of Insane Offenders Bill 3 We consider that this finding would make clear that the charge itself has not been pro‐ ven, while acknowledging that the defendant has engaged in the conduct that is the subject of the charge.

We consider that this would also help to avoid the implication that the mental element of the charge has been proven.

We also recommend amending proposed new section 20(1) to align the wording more closely with that in existing section 20(1) of the Act.
Changing the verdict is not in itself intended to affect existing court procedures, and we consider that this amend‐ ment would better reflect that intention.

We recommend replacing the definition of “proven but insane” in clause 3A with a definition of “act proven but not criminally responsible on account of insanity”.

Consequences following finding of new verdict One of the Chief Justice’s concerns was that the bill is unclear about what the conse‐ quences of a finding of the proposed verdict would be.
We recommend adding new section 20(1)(c) to provide that a Judge must acquit a defendant on account of their insanity if this finding is made.

We consider that this would be consistent with the consequences following the Act’s current verdict of “not guilty on account of insan‐ ity”, and would reflect language currently used in describing the consequences of the verdict in sections 21, 23 to 25, and 33 of the Act.
We also recommend providing in proposed new section 20(1)(b) that, upon a finding of “act proven but not criminally responsible on account of insanity”, a Judge must explain the meaning of that finding to the defendant.

This would help ensure that the defendant and others in the courtroom understand the verdict.
Addressing language referring to “commission of the offence” We recommend amending proposed new sections 20(2)(c) and 20(5) to replace refer‐ ences to the “commission of the offence” with “the act or omission that forms the basis of the offence with which the defendant is charged”.

This would update these references to make them consistent with references to the same concept already in the Act, and remove uncertainty as to how to understand them.
Transitional and savings provisions in Schedule 1AA Schedule 1 of the bill would insert new Part 2 into Schedule 1AA of the Act.

It con‐ tains the transitional provisions for the parts of the bill amending the Criminal Pro‐ cedure (Mentally Impaired Persons) Act.

We recommend amending new Part 2 to provide for a clearer transitional regime.
We recommend adding clause 3 to new Part 2 to allow proceedings commenced under the current Act before the bill was enacted to proceed as though the law had not been amended or replaced by the bill.

However, we also recommend that the bill provide for instances when the new provi‐ sions could apply to proceedings that had started before the bill’s commencement.
This would give the courts some discretion and clarify whether they would proceed under the “old” or “new” section 20 for those proceedings that started before the bill’s commencement.

Because cases involving a defence of insanity can take a long time to 4 Rights for Victims of Insane Offenders Bill Commentary be concluded, we consider that this transitional regime could enable the quicker implementation of the bill.

We recommend inserting clause 4 into proposed new Schedule 1AA.
Clause 4 is a savings provision.

It would ensure that, if proceedings are brought under current pro‐ visions of the Act after this bill’s provisions have commenced, the proceeding would not be invalidated.

Commentary Rights for Victims of Insane Offenders Bill 5 Appendix Committee process The Rights for Victims of Insane Offenders Bill was referred to the committee on 30 June 2021.

We did not seek additional submissions as we were considering this bill for a second time.
We received advice on the bill from the Ministry of Justice.

The Parliamentary Coun‐ sel Office assisted with legal drafting.

Committee membership Ginny Andersen (Chairperson) Hon Simon Bridges Simeon Brown Dr Emily Henderson Nicole McKee Hon Mark Mitchell Willow-Jean Prime Vanushi Walters Arena Williams Hon Louise Upston participated in the consideration of this item of business.
Rights for Victims of Insane Offenders Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Louise Upston Rights for Victims of Insane Offenders Bill Member’s Bill Contents Page 1 2 3 3A 5 6 7 7A Title Commencement Part 1 Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003 Principal Act Section 4 amended (Interpretation) Section 20 replaced (Finding of insanity) 20 20 Finding of insanity Finding of act proven but not criminally responsible on account of insanity Section 31 amended (Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial) Section 33 amended (Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity) New sections 33A to 33E inserted 33A Report by Director of Mental Health on defendant’s continued detention When victims must be notified of impending decision under section 31 or 33 Right of victims to make submissions on proposed change of status Submissions from certain victims 33B 33C 33D 129—3 5 5 5 5 6 6 6 7 8 8 8 8 8 9 1 7B 8 8A 8AA 8B 8C 8D Rights for Victims of Insane Offenders Bill 33E Victims must be notified of decisions made under sections 31 and 33 Information about victims not to be disclosed 33F Schedule 1AA amended Part 2 Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992 Principal Act Section 2 amended (Interpretation) New section 2C inserted (Transitional, savings, and related provisions) 2C Section 50 replaced (Leave of special patients) 50 50A 50B Transitional, savings, and related provisions Special patient defined Minister may grant leave to special patients When victims must be notified of impending decision under section 50A Right of victims to make submissions on proposed leave of absence Submissions from certain victims Victims must be notified of decisions made under section 50A Information about victims not to be disclosed
 Minister may cancel leave of special patients 50F 50G Section 52 replaced (Director may grant short-term leave) 52 New sections 52B to 52H inserted 52B Director may grant short-term leave to special patients 50C 50D 50E When victims must be notified of impending decision under section 52 Right of victims to make submissions on proposed leave of absence Submissions from certain victims Victims must be notified of decisions made under section 52 Information about victims not to be disclosed Director may cancel short-term leave of special patients Director may authorise Director of Area Mental Health Services to exercise certain powers 52C 52D 52E 52F 52G 52H Section 80 amended (Tribunal reviews of certain special patients) 10 11 Schedule 1 amended 11AAA New Schedule 1AA inserted 11A Consequential amendments to Mental Health (Compulsory Assessment and Treatment) Act Rights for Victims of Insane Offenders Bill Part 3 Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 12 12A 12AA New section 9A inserted (Transitional, savings, and related Principal Act Section 5 amended (Interpretation) provisions) 9A New sections 65A to 65E inserted 65A Transitional, savings, and related provisions 65B 65C 65D When victims must be notified of impending decision under section 65 Right of victims to make submissions on proposed leave Submissions from certain victims Victims must be notified of decisions made under section 65 65E Information about victims not to be disclosed Section 66 amended (Minister may authorise leave for special care recipients) New sections 67B to 67H inserted 67B When victims must be notified of impending decision under section 66 When victims must be notified of impending decision under section 67 Right of victims to make submissions on proposed leave Submissions from certain victims Victims must be notified of decisions made under
 section 66 Victims must be notified of decisions made under section 67 Information about victims not to be disclosed 67C 67D 67E 67F 67G 67H New Schedule 1 inserted 12B 12C 12D 13A Part 4 Amendments to Victims’ Rights Act 2002 14 14A 14AA New section 5A inserted (Transitional, savings, and related Principal Act Section 4 amended (Interpretation) provisions) 5A Cross-heading above section 17AA replaced Transitional, savings, and related provisions 14B Part 2A Victim impact statements Definitions and purpose 14C Section 17AA amended (Victim impact statement defined) 17 17 17 18 18 18 18 19 19 19 20 20 20 20 21 21 22 22 23 23 23 23 24 24 24 24 3 Rights for Victims of Insane Offenders Bill 14D New cross-heading above section 17 inserted Information to be ascertained 14E 14F Section 20 renumbered and repositioned (Statements by others disadvantaged by offence) New cross-heading above section 21AA inserted 14G New cross-heading above section 21 inserted Sentence indication Use by judicial officer 14H 14I 14J 14K 14L 14M 14N 14O Section 21 amended (Victim impact statement to be submitted to judicial officer) Section 22 amended (Victim impact statement may be read to court) Section 22A amended (Victim impact statement may be presented to court in some other manner) New section 22C inserted (Judicial officer not to take into account withheld part) 22C New cross-heading above section 23 inserted Judicial officer not to take into account withheld part Distribution or disclosure Section 26 repealed (Judicial officer not to take into account withheld part) Section 28 and cross-heading renumbered and repositioned New section 30A and cross-heading inserted Notice for victims of persons or offenders subject to mental health or intellectual disability care 30A Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation 15AAA New Schedule 1AA inserted 15A Consequential amendments to Victims’ Rights
 Act 2002 Part 5 Consequential amendments to other enactments 16 Consequential amendments to other enactments Schedule 1 New Part inserted into Schedule 1AA of Criminal Procedure (Mentally Impaired Persons) Act 2003 Schedule 2 New Schedule 1AA inserted in Mental Health (Compulsory Assessment and Treatment) Act 1992 4 24 24 24 24 25 25 25 25 25 25 25 26 26 26 27 27 27 28 30 Rights for Victims of Insane Offenders Bill Part 1 cl 3A Schedule 3 New Schedule 1 inserted in Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 Schedule 4 New Schedule 1AA inserted in Victims’ Rights Act 2002 Schedule 5 Consequential amendments 31 32 33 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Rights for Victims of Insane Offenders Act 2019.
Commencement This Act comes into force on 1 July 2022 the date that is 1 year after the date on which this Act receives the Royal assent.

5 Part 1 Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003 3 Principal Act 10 This Part amends the Criminal Procedure (Mentally Impaired Persons) Act 2003.
3A Section 4 amended (Interpretation) In section 4(1), insert in its their appropriate alphabetical order: proven but insane, in respect of a defendant charged with an offence, means— 15 (a) (b) the defendant is proven to have done, or omitted to do, an act that is the subject of the charge brought against the defendant; but the defendant was insane at the time that the defendant did, or omitted to do, the act act proven but not criminally responsible on account of insanity, in respect of a defendant charged with an offence, means— 20 (a) (b) the defendant is found to have caused the act or omission that forms the basis of the offence with which the defendant is charged; and the defendant was insane at the time that the defendant caused that act or omission 25 victim has the same meaning as in section 2(1) of the Mental Health (Compul‐ sory Assessment and Treatment) Act 1992.
5 Part 1 cl 5 Rights for Victims of Insane Offenders Bill 5 Section 20 replaced (Finding of insanity) Replace section 20 with: 20 Finding of insanity (1) At a trial, the Judge must record a finding of proven but insane if— (a) (b) the defendant gives evidence as to the defendant’s insanity; and 5 the jury or (if there is no jury) the Judge finds— (i) (ii) the defendant is proven to have done, or omitted to do, an act that is the subject of the charge brought against the defendant; but the defendant was insane at the time that the defendant did, or omitted to do, the act.
10 (2) Before or at a trial, the Judge must record a finding of proven but insane if— (a) (b) (c) the defendant indicates an intention to raise the defence of insanity; and the prosecution agrees that the only reasonable verdict is a finding of proven but insane; and the Judge is satisfied, on the basis of expert evidence, that the defendant was insane within the meaning of section 23 of the Crimes Act 1961 at the time of the commission of the offence.
(3) If, at a trial before a jury, the defendant gives evidence as to the defendant’s insanity and the jury finds the defendant not guilty, the Judge must ask the jury whether it has acquitted the defendant on account of the defendant’s insanity.
(4) The Judge must record a finding of proven but insane if— 15 20 (a) (b) the Judge asks the jury under subsection (3) whether it has acquitted the defendant on account of the defendant’s insanity; and the jury responds that it has acquitted the defendant on account of the defendant’s insanity.
25 In a case where it appears from the evidence that the defendant may have been insane at the time of the commission of the offence, the Judge may ask the jury to find whether the defendant was insane within the meaning of section 23 of the Crimes Act 1961, even though the defendant has not given evidence as to the defendant’s insanity or put the question of the defendant’s sanity in issue.
30 Finding of act proven but not criminally responsible on account of insanity If, at a trial, the defendant gives evidence as to the defendant’s insanity and the jury or (if there is no jury) the Judge makes a finding of act proven but not criminally responsible on account of insanity, the Judge must— (a) (b) (c) record a finding of act proven but not criminally responsible on account of insanity; and 35 explain the meaning of that finding to the defendant; and acquit the defendant on account of the defendant’s insanity.
(5) 20 (1) 6 Rights for Victims of Insane Offenders Bill Part 1 cl 6 (2) Before or at a trial, the Judge must do the things specified in subsection (1) if— (a) (b) (c) the defendant indicates an intention to raise the defence of insanity; and the prosecution agrees that the only reasonable verdict is a finding of act proven but not criminally responsible on account of insanity; and 5 the Judge is satisfied, on the basis of expert evidence, that the defendant was insane within the meaning of section 23 of the Crimes Act 1961 at the time of the act or omission that forms the basis of the offence with which the defendant is charged.
(3) (4) (5) 6 (3) If, at a trial before a jury, the defendant gives evidence as to the defendant’s insanity and the jury finds the defendant not guilty, the Judge must ask the jury whether it has acquitted the defendant on account of the defendant’s insanity.
The Judge must do the things specified in subsection (1) if— (a) the Judge asks the jury under subsection (3) whether it has acquitted the defendant on account of the defendant’s insanity; and (b) the jury responds that it has acquitted the defendant on that basis.
If it appears from the evidence that the defendant may have been insane at the time of the act or omission that forms the basis of the offence with which the defendant is charged, the Judge may ask the jury to find whether the defendant was insane within the meaning of section 23 of the Crimes Act 1961, even though the defendant has not given evidence as to the defendant’s insanity or put the question of the defendant’s sanity in issue.
Section 31 amended (Change of status from special patient to patient or special care recipient to care recipient where person unfit to stand trial) Replace section 31(3) with: If, at any time before the expiry of the relevant maximum period specified in section 30, a certificate is given under the Mental Health (Compulsory Assess‐ ment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 to the effect that, although the defendant is still unfit to stand trial, the continued detention of the defendant under section 24 is no longer necessary to safeguard the interests specified in subsection (3A), the Minister of Health, acting with the concurrence of the Attorney-General, must— (a) (b) consider whether, in the Minister’s opinion, the continued detention of the defendant under that section is no longer necessary to safeguard those interests; and direct that the defendant be held as a patient or, as the case requires, as a care recipient if, in the Minister’s opinion, that detention is no longer necessary to safeguard those interests.
(3A) The interests referred to in subsection (3) are— 10 15 20 25 30 35 40 7 Part 1 cl 7 Rights for Victims of Insane Offenders Bill (a) (b) the defendant’s own interests; and the safety of the public or the safety of a person or class of person.

(3B) In reaching a decision under subsection (3)(a), the Minister must have regard to any report from the Director of Mental Health made under section 33A.
5 7 Section 33 amended (Duration of order for detention as special patient or special care recipient if person acquitted on account of insanity) After section 33(4), insert: (4A) In reaching a decision under subsection (3)(a), the Minister must have regard to any report from the Director of Mental Health made under section 33A.
10 7A New sections 33A to 33E inserted After section 33, insert: 33A Report by Director of Mental Health on defendant’s continued detention The Director of Mental Health may report to the Minister of Health about the continued detention under section 24 of a defendant described in section 31(1) or 33(1).

33B When victims must be notified of impending decision under section 31 or 33 (1) (2) This section applies if the Director of Mental Health intends to report to the Minister of Health under section 33A.
The Director must take all reasonable steps to— (a) give notice to a victim that the Director intends to report to the Minister of Health under section 33A about the continued detention of a defend‐ ant; and (b) explain to the victim— (i) (ii) the process under section 31(3) or 33(3); and how the victim may participate in that process.

33C Right of victims to make submissions on proposed change of status This section applies to a person notified under section 33B.
The person may write to the Director of Mental Health, making submissions on, or giving information relevant to, the decision of whether to change the defendant’s status under section 31(3) or 33(3).
The person’s submissions may address— (a) any concerns that the person has, on reasonable grounds, about any risk that the defendant presents to— 35 (i) the person’s physical safety or security; or 15 20 25 30 (1) (2) (3) 8 Rights for Victims of Insane Offenders Bill Part 1 cl 7A (ii) the physical safety or security of 1 or more members of the per‐ son’s immediate family; and (b) any other information that the person considers relevant to the decision of whether to change the defendant’s status under section 31(3) or 33(3).
5 The person must send the submission to the Director by the date specified by the Director.

The Director must have regard to any written submissions made by a victim under this section or section 33D.

In this section, immediate family has the same meaning as in section 4 of the Victim’s Rights Act 2002.
10 (4) (5) (6) 33D Submissions from certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 4; but is a victim as defined in section 4 of the Victim’s Rights Act 2002.

15 (2) (3) The person may make written submissions to the Director of Mental Health about the decision of whether to change the defendant’s status under section 31(3) or 33(3).
If the person seeks information from the Director for the purpose of making submissions under subsection (2), the Director may— (a) advise the person of the date on which the Director intends to report to the Minister of Health about the continued detention of the defendant; and 20 (b) give the person any other information that is reasonably necessary to enable the person to make submissions.

25 (4) Section 33C applies with any necessary modifications.
(5) Neither the Director nor any other person has any liability for any act done in pursuance, or intended pursuance, of the Director’s functions under this section or section 33E(1)(b), unless the act was done in bad faith.

33E Victims must be notified of decisions made under sections 31 and 33 30 (1) The Director of Mental Health must advise the following persons of the matters specified in subsection (2): (a) a person notified under section 33B: a person who makes a submission under section 33D(2).
(b) (2) The specified matters are— 35 (a) whether the Director’s report to the Minister of Health concludes that the defendant’s continued detention under section 24— (i) continues to be necessary; or 9 Part 1 cl 7B Rights for Victims of Insane Offenders Bill (ii) is no longer necessary; and (b) what decision the Minister has reached under section 31(3) or 33(3).

33F Information about victims not to be disclosed (1) This section applies to sections 33A to 33E.
(2) No person may, directly or indirectly, disclose to the defendant the current 5 address or contact details of any victim of the defendant.

7B Schedule 1AA amended In Schedule 1AA,— (a) insert the Part set out in Schedule 1 of this Act as the last Part; and (b) make all necessary consequential amendments.

10 Part 2 Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992 8 Principal Act This Part amends the Mental Health (Compulsory Assessment and Treatment Act 1992.
15 8A Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: victim means (unless otherwise provided),— (a) in relation to a special patient, a person who has, under section 32B of the Victims’ Rights Act 2002,— 20 (i) (ii) asked for notice, or for advice and copies; and given their address: (b) an individual appointed under section 40 of that Act 8AA New section 2C inserted (Transitional, savings, and related provisions) 25 After section 2B, insert: 2C Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
8B Section 50 replaced (Leave of special patients) 30 Replace section 50 with: 10 Rights for Victims of Insane Offenders Bill Part 2 cl 8B 50 Special patient defined In this section and in sections 50A to 50G, special patient means a person who is detained in a hospital under— (a) (b) (c) (d) section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 as a person acquitted on account of insanity; or 5 section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Per‐ sons) Act 2003; or section 45; or section 46.
50A Minister may grant leave to special patients (1) The Minister may grant a special patient leave of absence from the hospital if— (a) (b) 2 medical practitioners certify that the special patient is fit to be allowed to be absent from the hospital; and the Director supports the proposed leave of absence, taking into account any submission from a victim made in accordance with section 50C or 50D.
(2) The Minister may grant the leave of absence subject to any conditions the Min‐ ister considers appropriate, including (at the Minister’s discretion) a condition that the person must return to the hospital on the date or within the period that the Minister specifies.
(3) The Minister may not exercise the power to grant leave under this section in respect of any person who— 10 15 20 (a) was, immediately before that person’s admission to the hospital, detained in a prison— 25 (i) while awaiting, or during the course of, a trial or hearing before a court; or (ii) while awaiting sentence by a court; or (iii) pending the determination of an appeal to a court against convic‐ tion; or 30 (b) is subject to a sentence of imprisonment for life or to a sentence of pre‐ ventive detention.
50B When victims must be notified of impending decision under section 50A (1) This section applies if the Director is required to decide whether to support the proposed leave of absence of a special patient under section 50A(1).
The Director must take all reasonable steps to— (2) 35 11 Part 2 cl 8B Rights for Victims of Insane Offenders Bill (a) (b) give notice to a victim that the Director is required to decide whether to support the proposed leave of absence of the special patient under sec- tion 50A(1); and explain to the victim— (i) the process under section 50A for granting a special patient leave of absence; and 5 (ii) how the victim may participate in that process.
50C Right of victims to make submissions on proposed leave of absence (1) (2) (3) This section applies to a person notified under section 50B.

The person may write to the Director, making submissions on, or giving infor‐ mation relevant to, the decision of whether to grant leave of absence under section 50A(1).
The person’s submissions may address— 10 (a) any concerns that the person has, on reasonable grounds, about any risk that the special patient presents to— 15 (i) (ii) the person’s physical safety or security; or the physical safety or security of 1 or more members of the per‐ son’s immediate family; and (b) any other information that the person considers relevant to the decision of whether to grant leave of absence under section 50A(1).
20 The person must send the submissions to the Director by the date specified by the Director.

The Director must have regard to any written submissions made by a victim under this section or section 50D.

In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.
25 (4) (5) (6) 50D Submissions from certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 2(1); but is a victim as defined in section 4 of the Victims’ Rights Act 2002.

30 The person may make written submissions to the Director about the decision of whether to grant leave of absence under section 50A(1).
If the person seeks information from the Director for the purpose of making submissions under subsection (2), the Director may— (a) advise the person of the date on which the Director intends to decide whether to support the proposed leave of absence of the special patient; and 35 (2) (3) 12 Rights for Victims of Insane Offenders Bill Part 2 cl 8B (b) give the person any other information that is reasonably necessary to enable the person to make submissions.
(4) Section 50C applies with any necessary modifications.

(5) Neither the Director nor any other person has any liability for an act done in pursuance, or intended pursuance, of the Director’s functions under this section or section 50E(1)(b), unless the act was done in bad faith.
5 50E Victims must be notified of decisions made under section 50A (1) The Director must advise the following persons of the matters specified in sub- section (2): (a) a person notified under section 50B: a person who makes a submission under section 50D(2).
(b) (2) The specified matters are— (a) (b) (c) whether the Director supports the proposed leave of absence of the spe‐ cial patient under section 50A(1): if the Director supports the proposed leave of absence, whether the Min‐ ister has granted the special patient leave of absence under section 50A(1): if the Minister has granted the special patient leave of absence, any con‐ ditions applying to the special patient under section 50A(2).
(3) The Director may withhold advice of a particular condition if, in the Director’s opinion, disclosing the condition would unduly interfere with the privacy of any other person (other than the special patient).

10 15 20 50F Information about victims not to be disclosed (1) This section applies to sections 50B to 50E.

(2) No person may, directly or indirectly, disclose to the special patient the current 25 address or contact details of any victim of the special patient.
50G Minister may cancel leave of special patients (1) (2) (3) The Minister may, during a period of leave of absence granted under section 50A(1) to a special patient, cancel that leave of absence.

If the Minister cancels a leave of absence, the Director must direct, in writing, that the special patient be admitted or re-admitted to a specified hospital.
The special patient may be taken to the specified hospital by any of the follow‐ ing: (a) (b) (c) (d) the Director: the Director of Area Mental Health Services: a duly authorised officer: a constable: 30 35 13 Part 2 cl 8C Rights for Victims of Insane Offenders Bill (e) a person to whom the charge of the special patient has been entrusted during the period of leave.
(4) If the specified hospital is not the one from which the special patient was on leave of absence, the special patient must be received and detained there as if the special patient had been transferred to that hospital under section 49.
5 8C Section 52 replaced (Director may grant short-term leave) Replace section 52 with: 52 (1) (2) Director may grant short-term leave to special patients The Director may grant a special patient leave of absence from the hospital for a period of up to 7 days, excluding the days of the patient’s departure and return.

10 The Director may grant the leave of absence subject to any conditions the Director considers appropriate.
(3) The Director’s power to grant leave under this section— (a) must not be exercised in respect of any special patient described in sec- 15 tion 50A(3)(a); and applies despite any other provision of this Act.
(b) 8D New sections 52B to 52H inserted After section 52A, insert: 52B When victims must be notified of impending decision under section 52 (1) This section applies if— (a) (b) the Director intends to decide whether to grant a special patient leave of absence under section 52(1); and that leave of absence would permit the patient to exercise greater autonomy outside the hospital than has any other leave of absence previ‐ ously granted to the patient.
(2) The Director must take all reasonable steps to— (a) (b) give notice to a victim that the Director intends to decide whether to grant leave of absence to the special patient under section 52(1); and explain to the victim— (i) the process under section 52 for granting a special patient leave of absence; and (ii) how the victim may participate in that process.

52C Right of victims to make submissions on proposed leave of absence (1) This section applies to a person notified under section 52B.
20 25 30 35 14 Rights for Victims of Insane Offenders Bill Part 2 cl 8D (2) (3) The person may write to the Director, making submissions on, or giving infor‐ mation relevant to, the decision of whether to grant leave of absence under section 52(1).
The person’s submissions may address— (a) any concerns that the person has, on reasonable grounds, about any risk that the special patient presents to— 5 (i) (ii) the person’s physical safety or security; or the physical safety or security of 1 or more members of the per‐ son’s immediate family; and (b) any other information that the person considers relevant to the decision of whether to grant leave of absence under section 52(1).
10 (4) (5) (6) The person must send the submissions to the Director by the date specified by the Director.

The Director must have regard to any written submissions made by a victim under this section or section 52D.

In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.
52D Submissions from certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 2(1); but is a victim as defined in section 4 of the Victims’ Rights Act 2002.

(2) (3) The person may make written submissions to the Director about the decision of whether to grant leave of absence under section 52(1).
If the person seeks information from the Director for the purpose of making submissions under subsection (2), the Director may— (a) advise the person of the date on which the Director intends to decide whether to grant the leave of absence to the special patient; and (b) give the person any other information that is reasonably necessary to enable the person to make submissions.

(4) Section 52C applies with any necessary modifications.
(5) Neither the Director nor any other person has any liability for an act done in pursuance, or intended pursuance, of the Director’s functions under this section or section 52E(1)(b), unless the act was done in bad faith.
52E Victims must be notified of decisions made under section 52 (1) The Director must advise the following persons of the matters specified in sub- section (2): (a) a person notified under section 52B: 15 20 25 30 35 15 Part 2 cl 10 Rights for Victims of Insane Offenders Bill (b) a person who makes a submission under section 52D(2).
(2) The specified matters are— (a) (b) whether the Director has granted a special patient leave of absence under section 52(1): if the Director has granted the special patient leave of absence, any con‐ ditions applying to the special patient under section 52(2).

(3) The Director may withhold advice of a particular condition if, in the Director’s opinion, disclosing the condition would unduly interfere with the privacy of any other person (other than the special patient).
52F Information about victims not to be disclosed (1) This section applies to sections 52B to 52E.

(2) No person may, directly or indirectly, disclose to the special patient the current address or contact details of any victim of the special patient.

52G Director may cancel short-term leave of special patients (1) (2) The Director may, during a period of leave of absence granted under section 52(1) to a special patient, cancel that leave of absence.
If the Director cancels a leave of absence, section 50G(2) to (4) applies with any necessary modifications.

52H Director may authorise Director of Area Mental Health Services to exercise certain powers (1) (2) The Director of Area Mental Health Services may exercise the powers and duties conferred on the Director by sections 50B, 50D, 50E, 52, and 52B to 52G in respect of a special patient— (a) with the authority of the Director; and (b) subject to any conditions imposed by the Director.
If the special patient is a special patient under section 50(c) or (d), the Director of Area Mental Health Services may exercise a power under subsec- tion (1) only after consulting the manager of the appropriate prison.

10 Section 80 amended (Tribunal reviews of certain special patients) After section 80(2), insert: (2A) The convener of the Review Tribunal must notify the Director of an application under subsection (1) for a review of the special patient’s condition.
(2B) On receiving notice, the Director must take all reasonable steps to— (a) give notice to each victim of the special patient that the Review Tribunal has received an application under subsection (1) for a review of the spe‐ cial patient’s condition; and (b) provide the victim with an explanation of— 16 Rights for Victims of Insane Offenders Bill Part 3 cl 12AA (i) the process under this section for reviewing a special patient’s condition; and (ii) how the victim may participate in that process.
11 Schedule 1 amended After clause 3 of Schedule 1, insert: 3AAA Right of victim to make a submission Any person notified under section 80(2B) may write to the Review Tribunal, by the date specified by the Tribunal, making submissions on, or giving infor‐ mation relevant to, the Tribunal’s review of the special patient’s condition.
11AAA New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 2 of this Act as the first sched‐ ule to appear after the last section of the Mental Health (Compulsory Assess‐ ment and Treatment) Act 1992.

11A Consequential amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992 Amend the Mental Health (Compulsory Assessment and Treatment) Act 1992 as set out in Part 1 of the Schedule.
Part 3 Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 12 Principal Act This Part amends the Intellectual Disability (Compulsory Care and Rehabilita‐ tion) Act 2003.
12A Section 5 amended (Interpretation) In section 5(1), insert in its appropriate alphabetical order: victim means (unless otherwise provided),— (a) in relation to a care recipient or a special care recipient, a person who has, under section 32B of the Victims’ Rights Act 2002,— (i) (ii) asked for notice, or for advice and copies; and given their address: (b) an individual appointed under section 40 of that Act 12AA New section 9A inserted (Transitional, savings, and related provisions) After section 9, insert: 17 Part 3 cl 12B Rights for Victims of Insane Offenders Bill 9A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
12B New sections 65A to 65E inserted After section 65, insert: 5 65A When victims must be notified of impending decision under section 65 (1) This section applies if— (a) (b) a care manager intends to decide whether to authorise a care recipient to be on leave under section 65(1); and that period of leave would permit the care recipient to exercise greater autonomy outside the facility than has any other period of leave previ‐ ously granted to the care recipient.
10 (2) The care manager must take all reasonable steps to— (a) give notice to a victim that the care manager intends to decide whether to authorise a care recipient to be on leave under section 65(1); and 15 (b) explain to the victim— (i) the process under section 65 for granting a care recipient a period of leave; and (ii) how the victim may participate in that process.

65B Right of victims to make submissions on proposed leave (1) (2) This section applies to a person notified under section 65A.
The person may write to the care manager, making submissions on, or giving information relevant to, the decision of whether to authorise leave under sec‐ tion 65(1).
(3) The person’s submissions may address— 20 25 (a) any concerns that the person has, on reasonable grounds, about any risk that the care recipient presents to— (i) (ii) the person’s physical safety or security; or the physical safety or security of 1 or more members of the per‐ son’s immediate family; and 30 (b) any other information that the person considers relevant to the decision of whether to authorise leave under section 65(1).
The person must send the submission to the care manager by the date specified by the care manager.

The care manager must have regard to any written submissions made by a vic‐ tim under this section or section 65C.

35 (4) (5) 18 Rights for Victims of Insane Offenders Bill Part 3 cl 12B (6) In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.
65C Submissions from certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 5(1); but is a victim as defined in section 4 of the Victims’ Rights Act 2002.

(2) (3) The person may make written submissions to the care manager about the deci‐ sion of whether to authorise leave under section 65(1).
If the person seeks information from the care manager for the purpose of mak‐ ing submissions under subsection (2), the care manager may— (a) advise the person of the date on which the care manager intends to decide whether to authorise a care recipient to be on leave; and (b) give the person any other information that is reasonably necessary to enable the person to make submissions.

(4) Section 65B applies with any necessary modifications.
(5) Neither the care manager nor any other person has any liability for an act done in pursuance, or intended pursuance, of the care manager’s functions under this section or section 65D(1)(b), unless the act was done in bad faith.

65D Victims must be notified of decisions made under section 65 (1) The care manager must advise the following persons of the matters specified in subsection (2): (a) a person notified under section 65A: a person who makes a submission under section 65C(2).
(b) 5 10 15 20 (2) The specified matters are— (a) (b) whether the care manager has authorised a care recipient to be on leave under section 65(1): 25 if the care manager has authorised the care recipient to be on leave, any terms and conditions applying to the care recipient under section 65(1).
(3) The care manager may withhold advice of a particular term or condition if, in the care manager’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the care recipient).

65E Information about victims not to be disclosed (1) This section applies to sections 65A to 65D.

(2) No person may, directly or indirectly, disclose to the care recipient the current address or contact details of any victim of the care recipient.
30 35 19 Part 3 cl 12C Rights for Victims of Insane Offenders Bill 12C Section 66 amended (Minister may authorise leave for special care recipients) Replace section 66(1) with: (1) The Minister may authorise a special care recipient to be on leave from the care recipient’s secure facility on any terms and conditions that the Minister speci‐ fies, if— 5 (a) (b) a specialist assessor certifies that the care recipient is fit to be on leave; and the Director-General of Health supports the proposed leave, taking into account any submission from a victim made in accordance with section 67D or 67E.
10 12D New sections 67B to 67H inserted After section 67A, insert: 67B When victims must be notified of impending decision under section 66 (1) (2) This section applies if the Director-General of Health is required to decide whether to support the proposed leave of a special care recipient under sec- tion 66(1).
The Director-General must take all reasonable steps to— (a) (b) give notice to a victim that the Director-General is required to decide whether to support the proposed leave of a special care recipient under section 66(1); and explain to the victim— (i) the process under section 66 for granting a special care recipient a period of leave; and (ii) how the victim may participate in that process.
67C When victims must be notified of impending decision under section 67 (1) This section applies if— (a) (b) the Director-General of Health intends to decide whether to authorise a special care recipient to be on leave under section 67(1); and that period of leave would permit the special care recipient to exercise greater autonomy outside the secure facility than has any other period of leave previously granted to the special care recipient.
(2) The Director-General must take all reasonable steps to— (a) give notice to a victim that the Director-General intends to decide whether to authorise a special care recipient to be on leave under section 67(1); and (b) provide the victim with an explanation of— 15 20 25 30 35 20 Rights for Victims of Insane Offenders Bill Part 3 cl 12D (i) the process under section 67 for granting a special care recipient a period of leave; and (ii) how the victim may participate in that process.
67D Right of victims to make submissions on proposed leave (1) (2) (3) This section applies to a person notified under section 67B or 67C.

The person may write to the Director-General, making submissions on, or giv‐ ing information relevant to, the decision of whether to authorise leave under section 66(1) or 67(1).
The person’s submissions may address— 5 (a) any concerns that the person has, on reasonable grounds, about any risk that the special care recipient presents to— 10 (i) (ii) the person’s physical safety or security; or the physical safety or security of 1 or more members of the per‐ son’s immediate family; and (b) any other information that the person considers relevant to the decision of whether to authorise leave under section 66(1) or 67(1).
15 (4) (5) (6) The person must send the submissions to the Director-General by the date spe‐ cified by the Director-General.

The Director-General must have regard to any written submissions made by a victim under this section or section 67E.

In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.
67E Submissions from certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 5(1); but is a victim as defined in section 4 of the Victims’ Rights Act 2002.

(2) (3) The person may make written submissions to the Director-General of Health about the decision of whether to authorise leave under section 66(1) or 67(1).
If the person seeks information from the Director-General for the purpose of making submissions under subsection (2), the Director-General may— (a) advise the person of the date on which the Director-General intends to decide whether to— (i) (ii) support the proposed leave of the special care recipient under section 66(1); or authorise a special care recipient to be on leave under section 67(1); and 20 25 30 35 21 Part 3 cl 12D Rights for Victims of Insane Offenders Bill (b) give the person any other information that is reasonably necessary to enable the person to make submissions.
(4) Section 67D applies with any necessary modifications.

(5) Neither the Director-General nor any other person has any liability for an act done in pursuance, or intended pursuance, of the Director-General’s functions under this section, section 67F(1)(b), or 67G(1)(b), unless the act was done in bad faith.
67F Victims must be notified of decisions made under section 66 (1) The Director-General must advise the following persons of the matters speci‐ fied in subsection (2): (a) a person notified under section 67B: a person who makes a submission under section 67E(2) about the deci‐ sion of whether to authorise leave under section 66(1).
(b) (2) The specified matters are— (a) (b) (c) whether the Director-General supports the proposed leave of the special care recipient under section 66(1): if the Director-General supports the proposed leave, whether the Minis‐ ter has authorised the special care recipient leave under section 66(1): if the Minister has authorised the special care recipient leave, any terms and conditions applying to the special care recipient under section 66(1).
(3) The Director-General may withhold advice of a particular term or condition if, in the Director-General’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the special care recipient).
67G Victims must be notified of decisions made under section 67 (1) The Director-General must advise the following persons of the matters speci‐ fied in subsection (2): (a) a person notified under section 67C: a person who makes a submission under section 67E(2) about the deci‐ sion of whether to authorise leave under section 67(1).
(b) (2) The specified matters are— (a) (b) whether the Director-General has authorised a special care recipient to be on leave under section 67(1): if the Director-General has authorised the special care recipient leave, any terms and conditions applying to the special care recipient under section 67(1).
22 Rights for Victims of Insane Offenders Bill Part 4 cl 14A (3) The Director-General may withhold advice of a particular term or condition if, in the Director-General’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the special care recipient).

67H Information about victims not to be disclosed (1) This section applies to sections 67B to 67G.
5 (2) No person may, directly or indirectly, disclose to the special care recipient the current address or contact details of any victim of the special care recipient.

13A New Schedule 1 inserted Insert the Schedule 1 set out in Schedule 3 of this Act as the first schedule to appear after the last section of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

10 Part 4 Amendments to Victims’ Rights Act 2002 14 Principal Act This Part amends the Victims’ Rights Act 2002.
14A Section 4 amended (Interpretation) (1) In section 4, definition of offence, after paragraph (b), insert: (c) includes an offence— (i) (ii) committed against the victim; and in respect of which the court recorded a finding of proven but insane act proven but not criminally responsible on account of insanity under section 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2) In section 4, replace the definition of offender with: offender, in relation to a victim,— (a) means a person— (i) (ii) convicted of the crime or offence that affected the victim; or charged with the crime or offence that affected the victim, and in respect of which the court recorded a finding of proven but insane act proven but not criminally responsible on account of insanity under section 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; and (b) in section 9 (which relates to meetings requested by victims) and sec‐ tions 17AA to 27 (which relate to victim impact statements), includes a person found guilty of, or who pleads guilty to, that crime or offence 23 15 20 25 30 35 Part 4 cl 14AA Rights for Victims of Insane Offenders Bill (3) In section 4, insert in its appropriate alphabetical order: proven but insaneact proven but not criminally responsible on account of insanity has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 14AA New section 5A inserted (Transitional, savings, and related provisions) 5 After section 5, insert: 5A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
14B Cross-heading above section 17AA replaced Replace the cross-heading above section 17AA with: Part 2A Victim impact statements Definitions and purpose 14C Section 17AA amended (Victim impact statement defined) In section 17AA(1)(a)(ii)(B), after “sentencing the offender”, insert “or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity”.
14D New cross-heading above section 17 inserted After section 17AB, insert: Information to be ascertained 10 15 20 14E Section 20 renumbered and repositioned (Statements by others disadvantaged by offence) Renumber section 20 as section 17AAB and reposition it after section 17AA.
25 14F New cross-heading above section 21AA inserted Before section 21AA, insert: 14G New cross-heading above section 21 inserted Sentence indication Before section 21, insert: 30 Use by judicial officer 24 Rights for Victims of Insane Offenders Bill Part 4 cl 14M 14H Section 21 amended (Victim impact statement to be submitted to judicial officer) Replace section 21(1)(a) with: (a) to the judicial officer— (i) sentencing the offender; or (ii) making an order under section 24(1) or 25(1) of the Criminal Pro‐ cedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity; and 14I Section 22 amended (Victim impact statement may be read to court) In section 22(1), after “sentencing the offender”, insert “or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity”.
14J Section 22A amended (Victim impact statement may be presented to court in some other manner) In section 22A, after “sentencing the offender”, insert “or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity”.
5 10 15 14K New section 22C inserted (Judicial officer not to take into account 20 withheld part) After section 22B, insert: 22C Judicial officer not to take into account withheld part (1) In this section, withheld part means a part of a victim impact statement with‐ held under an order made under section 25.
25 (2) A judicial officer must not take into account a withheld part in— (a) sentencing the offender; or (b) making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity.

30 14L New cross-heading above section 23 inserted Before section 23, insert: Distribution or disclosure 14M Section 26 repealed (Judicial officer not to take into account withheld part) Repeal section 26.
35 25 Part 4 cl 14N Rights for Victims of Insane Offenders Bill 14N Section 28 and cross-heading renumbered and repositioned Renumber section 28 as section 16B and reposition it, with the cross-heading above it, after section 16A.
14O New section 30A and cross-heading inserted After section 30, insert: 5 Notice for victims of persons or offenders subject to mental health or intellectual disability care 30A Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation (1) Without limiting sections 29 and 32B, this section applies to a victim if the per‐ 10 son accused of the offence or, as the case requires, the offender— (a) is liable to be detained in a hospital or facility in connection with the offence; and (b) when their liability of that kind began, they were liable to be detained in a hospital or facility— 15 (i) as a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient as defined in section 6(2) of the Intellectual Disabil‐ ity (Compulsory Care and Rehabilitation) Act 2003; or (ii) under an order made under section 25(1)(a) or (b) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
20 (2) The Director-General of Health must give a victim to whom this section applies— (a) notice of whether the person or offender has been designated as— (i) (ii) (iii) (iv) a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or 25 a special care recipient as defined in section 6(2) of the Intellec‐ tual Disability (Compulsory Care and Rehabilitation) Act 2003; or a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, under an order made under section 25(1)(a) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Per‐ sons) Act 2003; or a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, under an order made under section 25(1)(b) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; and 30 35 (b) an explanation of the meaning and consequences of the person or offend‐ er’s designation; and 26 Rights for Victims of Insane Offenders Bill Part 5 cl 16 (c) a list of the future notifications that the victim is eligible to receive.
(3) The Director-General of Health must give notice under subsection (2) to the victim as soon as practicable after the person or offender has been designated as one of the classes of people described in subsection (2)(a).

15AAA New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 4 of this Act as the first sched‐ ule to appear after the last section of the Victims’ Rights Act 2002.
15A Consequential amendments to Victims’ Rights Act 2002 Amend the Victims’ Rights Act 2002 as set out in Part 2 of the Schedule.

Part 5 Consequential amendments to other enactments 16 Consequential amendments to other enactments Amend the enactments specified in Part 3 of the Schedule as set out in that schedule.
5 10 27 Schedule 1 Rights for Victims of Insane Offenders Bill Schedule 1 New Part inserted into Schedule 1AA of Criminal Procedure (Mentally Impaired Persons) Act 2003 s 7A 7B Part 2 Provisions relating to Rights for Victims of Insane Offenders Act 2019 5 2 (1) (2) (3) Transitional provision This clause applies to any matter initiated under section 20, 31, or 33 before the commencement of this clause.
10 If this clause applies, the provisions of the relevant section, as they read imme‐ diately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the Rights of Victims of Insane Offenders Act 2019.

In this section, matter includes any— (a) (b) (c) (d) (e) (f) (g) action undertaken; and decision taken; and notice given; and proceeding commenced; and application made; and agreement entered into; and requirement imposed.
2 Interpretation 15 20 In this Part, amendment Act means the Rights for Victims of Insane Offenders Act 2019.

25 Proceedings started before commencement This clause applies if, at the commencement of the amendment Act, criminal proceedings have been commenced against a defendant but the court has not held any hearing to determine, in accordance with section 20 (as it read before the commencement of the amendment Act), the nature of the defendant’s involvement with the offence.
30 The court may direct that criminal proceedings against the defendant be con‐ tinued under the provisions of this Act (as amended by the amendment Act).

The court may give a direction under subclause (2) only if it is satisfied that it is in the interests of justice to do so.
35 3 (1) (2) (3) 28 Rights for Victims of Insane Offenders Bill Schedule 1 (4) However, proceedings against the defendant must be continued as if the amendment Act had not been enacted if, before the commencement of the amendment Act, the court has— (a) begun proceedings to determine under section 20 (as it was before the commencement of the amendment Act) whether the defendant caused the act or omission that forms the basis of the offence with which the defendant is charged; or (b) made a determination under that section.
4 Validity of proceedings under section 20 No proceeding under section 20 is invalid only because it was conducted under the law as it was before the commencement of the amendment Act when it ought to have been conducted in accordance with the law as it was after the commencement of that Act.

5 10 5 (1) (2) Matters initiated under section 31 or 33 This clause applies to any matter initiated under section 31 or 33 before the commencement of this clause.
15 If this clause applies, the provisions of the relevant section, as they read imme‐ diately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the amendment Act.

(3) In this clause, matter includes any— (a) (b) (c) (d) (e) (f) (g) action undertaken; and decision taken; and notice given; and proceeding commenced; and application made; and agreement entered into; and requirement imposed.
20 25 29 Schedule 2 Rights for Victims of Insane Offenders Bill Schedule 2 New Schedule 1AA inserted in Mental Health (Compulsory Assessment and Treatment) Act 1992 Schedule 1AA Transitional, savings, and related provisions s 11AAA s 2C Part 1 Provisions relating to Rights for Victims of Insane Offenders Act 2019 Transitional provision This clause applies to any matter initiated under section 50, 52, 80, or Schedule 1 before the commencement of this clause.
If this clause applies, the provisions of the relevant section or Schedule, as they read immediately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the Rights for Vic‐ tims of Insane Offenders Act 2019.

In this section, matter includes any— (a) (b) (c) (d) (e) (f) (g) action undertaken; and decision taken; and notice given; and proceeding commenced; and application made; and agreement entered into; and requirement imposed.
1 (1) (2) (3) 30 Rights for Victims of Insane Offenders Bill Schedule 3 Schedule 3 New Schedule 1 inserted in Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 Schedule 1 Transitional, savings, and related provisions s 13A s 9A Part 1 Provisions relating to Rights for Victims of Insane Offenders Act 2019 1 (1) (2) (3) Transitional provision This clause applies to any matter initiated under section 66 before the com‐ mencement of this clause.
If this clause applies, the provisions of the relevant section, as they read imme‐ diately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the Rights of Victims of Insane Offenders Act 2019.

In this section, matter includes any— (a) (b) (c) (d) (e) (f) (g) action undertaken; and decision taken; and notice given; and proceeding commenced; and application made; and agreement entered into; and requirement imposed.
31 Schedule 4 Rights for Victims of Insane Offenders Bill Schedule 4 New Schedule 1AA inserted in Victims’ Rights Act 2002 Schedule 1AA Transitional, savings, and related provisions s 15AAA 5 s 5A Part 1 Provisions relating to Rights for Victims of Insane Offenders Act 2019 Transitional provision This clause applies to any matter initiated under section 17AA, 20, 21, 22, 22A, 26, or 28 before the commencement of this clause.
If this clause applies, the provisions of the relevant section, as they read imme‐ diately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the Rights for Victims of Insane Offenders Act 2019.

In this section, matter includes any— (a) (b) (c) (d) (e) (f) (g) action undertaken; and decision taken; and notice given; and proceeding commenced; and application made; and agreement entered into; and requirement imposed.
10 15 20 1 (1) (2) (3) 32 Rights for Victims of Insane Offenders Bill Schedule 5 Schedule 5 Consequential amendments ss 11A, 15A, 16 Part 1 Consequential amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992 In section 46, replace “section 50” with “section 50A”.

In section 48, replace “section 50” with “section 50A”.

In section 51(1), replace “section 50” with “section 50A”.

In section 51(3), replace “section 50(1)” with “section 50A(1)”.
In section 51(5), replace “section 50(3)” with “section 50G(1)”.

In section 51(6), replace “section 50(1)” with “section 50A(2)”.

In section 51(7), replace— (a) (b) “section 50(3)” with “section 50G(1)”; and “section 50(1)” with “section 50A(2)”.

In section 52A(1)(a) and (2)(a), replace “section 50” with “section 50A”.

Part 2 Consequential amendments to Victims’ Rights Act 2002 In section 17AA(1)(a)(i)(B), replace “section 20” with “section 17AAB”.
In section 21(2), replace “section 20” with “section 17AAB”.

In section 53, replace “the Schedule” with “Schedule 1”.

In the Schedule heading, after “Schedule” insert “1”.

Part 3 Consequential amendments to other enactments Criminal Procedure Act 2011 In section 200(6), replace “section 28” with “section 16B”.

Residential Care and Disability Support Services Regulations 2018 In regulation 6(f)(i), replace “section 50” with “section 50A”.
33 Rights for Victims of Insane Offenders Bill 4 April 2019 1 July 2020 16 April 2021 12 May 2021 30 June 2021 Legislative history Introduction (Bill 129–1) First reading and referral to Justice Committee Reported from Justice Committee (Bill 129–2) Second reading Discharge of order of the day for committee stage and referral to Justice Committee Wellington, New Zealand: Published under the authority of the House of Representatives—2021 34