Remanded in custody — fitness to plead — assessment report — bail — Bail Act 2000, s 8 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 38, 39 & 40 — Criminal Procedure Act 2011, s 168 — R v Fisher HC Auckland T236/95, 4 October 1995 — Police v Manurirangi [2021] NZDC 24608 — Wilson v R [2015] NZSC 189. The defendant faced charges of burglary, threatening to kill, trespass and Bail Act charges. After failing to appear several times, further bail was declined and the previous presiding Judge ordered two reports under s 38 of the Criminal Procedure (Mentally Impaired Persons) Act. The defendant was subsequently detained in prison for assessment for the maximum 30 days allowed under the Act. The defendant later sought bail, citing that the s 40 time period had been exceeded. The application was rejected by the Judge. The Court outlined that the section does not operate as a time limit on the creation or filing of a report for a defendant in custody, but authorises the assessment of a defendant in custody. Further, the Judge noted that this power did not operate independently of the Bail Act, and the defendant's continued remand in custody rested on Bail Act considerations, s 168 Criminal Procedure Act and the Police justifications for continued detention. The Judge concluded that he had the lawful authority to remand the defendant until his fitness-to-plead hearing. Judgment Date: 14 April 2022.