MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - As at 27 March 2021 - Act 10 of 1990
- As at 27 March 2021 - Act 10 of 1990Table of Provisions
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 (Repealed)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
- 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 (Repealed)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
- 31 Application
- 32 Persons suffering from mental illness or condition or cognitive impairment
- 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 (Repealed)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
- 38A Reports about accused person
- 39 Effect of finding and declaration of mental illness
PART 5 - FORENSIC PATIENTS AND CORRECTIONAL PATIENTS
Division 1 - Preliminary
- 40 Objects
- 41 Definitions
- 42 Forensic patients
Division 2 - Forensic patients
Subdivision 1 - Review of forensic patients by Tribunal- 43 Criteria for release and matters to be considered by Tribunal
- 44 Persons found not guilty by reason of mental illness--initial review
- 45 Person found unfit to be tried--initial reviews
- 46 Further reviews by Tribunal of forensic patients
- 47 Orders and recommendations on further Tribunal reviews
- 48 Transfer of patients Subdivision 2 - Leave of absence
- 49 Tribunal may grant leave
- 50 Other leave of absence Subdivision 3 - Termination of status as forensic patient
- 51 Termination of classification as forensic patient on unconditional release
- 52 Additional circumstances for termination of classification as forensic patient
- 52A Effect of unlawful absence on limiting term
- 53 Classification as involuntary patient
- 54 Release from mental health facility on ceasing to be a forensic patient Subdivision 4 - Extension of status as forensic patient
- 54A Extension of status as forensic patient
Division 3 - Transfers from correctional centres and correctional patients
- 55 Transfer from correctional centre by Secretary
- 56 Transfer back to correctional centre
- 57 Requests for transfer to correctional centre
- 58 Review by Tribunal of persons awaiting transfer to mental health facility
- 59 Review of persons transferred from correctional centres
- 60 Effect of detention in mental health facility on sentence and parole
Division 4 - Correctional patients
Subdivision 1 - Review of correctional patients- 61 Reviews by Tribunal of correctional patients Subdivision 2 - Leave of absence
- 62 Commissioner of Corrective Services to grant leave
- 63 Other leave of absence Subdivision 3 - Termination of status as correctional patient
- 64 Termination of classification as correctional patient
- 65 Classification as involuntary patient
- 66 Release from mental health facility on ceasing to be correctional patient
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
- 73 Forensic Division to exercise functions
- 74 Matters for consideration
- 74A Victims may make submissions to Tribunal on review of and release of, or grant of leave to, forensic patients
- 74B Rights of victims
- 75 Conditions that may be imposed by Tribunal on release or leave of absence
- 76 Tribunal may amend or impose conditions on release or leave orders on application of victims
- 76A Other matters relating to Tribunal functions
- 76AA Notification of expiry of limiting term or extension order
Division 8 - General
- 76B Treatment, care and detention of patients
- 76C Functions of Commissioner of Corrective Services and Secretary of Department of Justice
- 76D Security conditions for patients
- 76E Transfer and transport of patients
- 76F Appeals against decisions of Secretary
- 76G Planning for release and leave
- 76H Person who ceases to be forensic patient or correctional patient may become voluntary patient
- 76HA Forensic patients and correctional patients in the community may be detained and treated under Mental Health Act 2007
- 76I Grants of leave do not affect sentences or limiting terms
- 76J Exchange of information
- 76K Duties of certain agencies
PART 5A - VICTIMS REGISTER
- 76L Victims Register
- 76M Notification to victims of reviews and other matters