Disposition — whether special care recipient status should be ordered — fitness to stand trial — whether psychologist assessment can have any effect on a decision which has already been made — Criminal Procedure (Mentally Impaired Persons) Act, ss 24 & 25 — Intellectual Disabilities (Compulsory Care and Rehabilitation) Act 2003, ss 16 & Part 3. In a minute issued by the Judge ([2017] NZYC 243) it was found inappropriate that a finding of the Judge that the Young Person was unfit for trial to be subject to further opinion after the decision had been made. In this disposition of the matter, the Judge stated the finding that the Young Person has an intellectual disability remains. Concluding on the facts and the expert evidence that he was not satisfied an order for special care was necessary, the Judge considered the alternatives — whether to make an order that the young person be cared for as a care recipient or that he be released. Support would be put in place if the Young Person were released, however it was unlikely to succeed given the past history of absconding and non-compliance with boundaries and medication — due to the low level of intellectual functioning. Without controls and support the young person posed a moderately high level of risk of sexual offending against others. The Judge considered an order that the young person be a care recipient is the only appropriate outcome. Detention in a secure facility for a term of three years was ordered. Judgment Date: 28 April 2017. * * * Note: Names have been changed to comply with legal requirements * * *