New South Wales Consolidated Acts

MENTAL HEALTH (CRIMINAL PROCEDURE) ACT 1990

- As at 11 January 2008
- Act 10 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CRIMINAL PROCEEDINGS IN THE SUPREME COURT AND DISTRICT COURT RELATING TO PERSONS AFFECTED BY MENTAL DISORDERS

   4.      Application
   5.      Person by whom question of unfitness may be raised
   6.      Basis of determination of question of unfitness
   7.      Time at which question of unfitness may be raised
   8.      Procedure where question of unfitness raised before arraignment
   9.      Procedure where question of unfitness raised after arraignment
   10.     Procedure on raising question of unfitness
   11.     Determination of question of unfitness
   11A.    (Repealed)
   12.     Conduct of inquiry
   13.     Person found fit to be tried
   14.     Person found unfit to be tried
   15.     Presumptions as to findings concerning unfitness
   16.     Functions of Tribunal on referral after inquiry
   17.     Orders Court may make following determination of Tribunal that person will be fit to plead within 12 months
   18.     (Repealed)
   19.     Court to hold special hearing after advice received from Director of Public Prosecutions
   20.     Release of certain persons
   21.     Nature and conduct of special hearing
   21A.    Judge to try special hearing unless election for jury made
   21B.    Verdict of Judge
   22.     Verdicts at special hearing
   22A.    Amendment of indictment
   23.     Procedure after completion of special hearing
   24.     Consequences of nomination of limiting term
   25.     Special verdict of not guilty by reason of mental illness
   26.     Verdict of not guilty
   27.     Orders Court may make following determination of Tribunal after limiting term is imposed
   28.     Effect on other proceedings of finding on special hearing
   29.     Action to be taken on notification that person is fit to be tried
   30.     Procedure after completion of further inquiry

   PART 3 - SUMMARY PROCEEDINGS BEFORE A MAGISTRATE RELATING TO PERSONS AFFECTED BY MENTAL DISORDERS

   31.     Application
   32.     Persons suffering from mental illness or condition
   32A.    Reports from treatment providers
   33.     Mentally ill persons
   34.     (Repealed)
   35.     Transfer from correctional centre or detention centre
   36.     Means by which Magistrate may be informed

   PART 4 - DEFENCE OF MENTAL ILLNESS

   37.     Explanation to jury
   38.     Special verdict
   39.     Effect of finding and declaration of mental illness

   PART 5 - FORENSIC PATIENTS

           Division 1 - Preliminary

   40.     Definitions

           Division 2 - Review and release of forensic patients

   41.     Initial review by Tribunal of cases of persons found not guilty by reason of mental illness
   42.     Initial review by Tribunal of person found unfit to be tried after order for detention
   43.     Further reviews by Tribunal of forensic patients
   44.     Reviews of persons found unfit to be tried
   45.     Release of patients after being found unfit to be tried or on further review
   46.     Review of persons transferred from correctional centres
   47.     Community treatment orders
   48.     Prescribed authority may make orders as to detention, care or treatment
   49.     Transfer of patients
   50.     Recommendations not required for forensic patients classified as involuntary patients

           Division 3 - Transfers to and from correctional centres

   51.     Transfer from correctional centre by Director-General
   52.     Transfer back to correctional centre
   53.     Requests for transfer to correctional centre
   54.     Review by Tribunal of patients awaiting transfer to mental health facility

           Division 4 - Leave of absence for forensic patients

   55.     Leave of absence for forensic patients
   56.     Leave of absence for medical reasons
   57.     Leave of absence on review of case

           Division 5 - Breaches of orders and escapes by forensic patients

   58.     Breach of orders for release
   59.     Apprehended person may seek reconsideration by Tribunal
   60.     Retaking of escapees
   61.     Aiding or permitting escape
   62.     Issue of warrants for apprehension of persons outside State

           Division 6 - Termination of classification as forensic patient

   63.     Termination of classification as forensic patient on unconditional release
   64.     Additional circumstances for termination of classification as forensic patient
   65.     Termination of classification of forensic patient serving sentence of imprisonment
   66.     Termination of classification as forensic patient of person on remand
   67.     Classification as involuntary patient
   68.     Release on ceasing to be a forensic patient

           Division 7 - General

   69.     Security conditions for forensic patients
   70.     Transport of forensic patients
   71.     Other Ministers may make transfer orders as prescribed authority
   72.     Appeals against decisions of Director-General
   73.     Planning for release and leave
   74.     Effect of detention in mental health facility on sentence and parole
   75.     Orders under this Part
   76.     Person who ceases to be a forensic patient may be detained as an involuntary patient

   PART 6 - MISCELLANEOUS

   77.     Regulations
   78.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2