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MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 78B Review of voluntary treatment plan

MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 78B

Review of voluntary treatment plan

    (1)     If the proceedings have been adjourned under section 78A(3), the court must review the person's participation in the voluntary treatment plan on the resumption of the proceedings.

    (2)     If the person has not completed the treatment plan, the court may:

        (a)     adjourn the proceedings for a further period, not exceeding 6 months and grant bail to the person on the condition that the person enter into an agreement to complete the treatment plan; or

        (b)     deal with the person under the Sentencing Act 1995 .

    (3)     If the person has completed the treatment plan, the court may:

        (a)     dismiss the charge; or

        (b)     deal with the person under the Sentencing Act 1995 .

    (4)     If the treatment plan has been extended under subsection (2)(a), at the expiry of the further period the court may:

        (a)     if the person has not completed the treatment plan – deal with the person under the Sentencing Act 1995 ; or

        (b)     if the person has completed the treatment plan:

            (i)     dismiss the charge; or

            (ii)     deal with the person under the Sentencing Act 1995 .