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MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - As at 27 March 2021 - Act 10 of 1990

- As at 27 March 2021 - Act 10 of 1990

Table of Provisions

PART 1 - PRELIMINARY

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 (Repealed)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
  • 13A Committal proceedings following finding of 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 (Repealed)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
  • 26A Reports about accused person
  • 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

PART 4 - DEFENCE OF MENTAL ILLNESS

  • 37 Explanation to jury
  • 38 Special verdict
  • 38A Reports about accused person
  • 39 Effect of finding and declaration of mental illness

PART 5 - FORENSIC PATIENTS AND CORRECTIONAL PATIENTS

Division 1 - Preliminary

Division 2 - Forensic patients

Subdivision 1 - Review of forensic patients by Tribunal

Division 3 - Transfers from correctional centres and correctional patients

Division 4 - Correctional patients

Subdivision 1 - Review of correctional patients

Division 5 - Community treatment orders relating to forensic patients and correctional patients

  • 67 Community treatment orders

Division 6 - Enforcement

  • 68 Breach of orders for release
  • 68A Apprehension of persons not permitted to be absent from mental health facility
  • 69 Apprehended person may seek reconsideration by Tribunal
  • 70 Retaking of escapees
  • 71 Aiding or permitting escape
  • 72 Issue of warrants for apprehension of persons outside State

Division 7 - Tribunal functions

Division 8 - General

PART 5A - VICTIMS REGISTER

PART 6 - MISCELLANEOUS

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