CRIMES ACT 1900 - SECT 315 Procedure if question reserved for investigation

CRIMES ACT 1900 - SECT 315

    (1)     If a court reserves the question for investigation, the court must adjourn the hearing or trial in which the question was raised and proceed with an investigation under this division.

    (2)     The court may make 1 or more of the following orders:

        (a)     an order granting bail;

        (b)     an order remanding the defendant in custody in an appropriate place for a stated period;

        (c)     an order requiring the defendant to be examined by a psychiatrist or other health practitioner;

        (d)     if the question arose in a trial for which a jury had been empanelled—an order discharging the jury;

        (e)     any other order the court considers appropriate.

    (3)     The court must not make an order under subsection (2) (b) remanding the defendant in custody at a place other than a correctional centre unless satisfied that the facilities or services necessary for the order are available at the place.

    (4)     If the court considers that, because of the trivial nature of the charge or the nature of the defendant's mental impairment, it would be inappropriate to inflict any punishment on the defendant in relation to the offence, the court may decide not to carry out or continue the investigation and may dismiss the charge and order that the person be released.