MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - SECT 52 Additional circumstances for termination of classification as forensic patient

This legislation has been repealed.

MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - SECT 52

52 Additional circumstances for termination of classification as forensic patient

(1) Verdict of not guilty or no limiting term after special hearing A person who has been found to be unfit to be tried for an offence ceases to be a forensic patient if following a special hearing:

(a) the person is found not guilty of the offence concerned, or

(b) the person is found on the limited evidence available to have committed the offence but a limiting term is not imposed on the person.

(2) Detention after special hearing A person who has been detained in a mental health facility, correctional centre or other place following a special hearing ceases to be a forensic patient if any of the following events occurs:

(a) the limiting term (where that term is less than life) imposed in respect of the person under section 23 expires and an extension order or interim extension order has not been made against the person,

(a1) any extension order or interim extension order made against the person expires or is revoked and a subsequent extension order has not been made against the person,

(b) the person is classified as an involuntary patient under section 53.

(3) Person found unfit to be tried by court A person who has been found by a court to be unfit to be tried for an offence ceases to be a forensic patient if the Tribunal notifies the court and the Director of Public Prosecutions that it is of the opinion that the person has become fit to be tried for an offence (whether or not a special hearing has been conducted in respect of the offence) and a finding is made, at a further inquiry by the court as to the person's unfitness, that the person is fit to be tried for an offence.

Note : A person subject to a finding that the person is unfit to be tried for an offence, and who is released from detention under section 20 or 29, ceases to be a forensic patient by operation of section 51 (1).

(4) Dismissal of charges or no further proceedings A person ceases to be a forensic patient if:

(a) the relevant charges against the person are dismissed, or

(b) the Director of Public Prosecutions notifies the court that the person will not be further proceeded against in respect of the relevant charges.

(5) Other circumstances The regulations may make provision with respect to other circumstances in which the Tribunal may make an order terminating a person's status as a forensic patient.