MENTAL HEALTH ACT 2016 - SECT 116 Decision about unsoundness of mind and diminished responsibility

MENTAL HEALTH ACT 2016 - SECT 116

116 Decision about unsoundness of mind and diminished responsibility

(1) On hearing the proceeding for the reference, the Mental Health Court must decide—

(a) whether the person was of unsound mind when the offence was allegedly committed; and

(b) if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.

(2) This section is subject to sections 117 and 117A .