MENTAL HEALTH ACT 2016 - SECT 789 Publication of reports and decisions on references—Mental Health Court and Court of Appeal

MENTAL HEALTH ACT 2016 - SECT 789

789 Publication of reports and decisions on references—Mental Health Court and Court of Appeal

(1) A person must not publish a report of a proceeding in the Mental Health Court or the Court of Appeal on a reference in relation to a person, or a decision on the proceeding, before the end of the prescribed day for the decision on the proceeding.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(2) However, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the Mental Health Court or the Court of Appeal.

(3) In this section—


"decision leading to trial" means a decision that—

(a) the person is fit for trial; or

(b) the person is unfit for trial and the unfitness for trial is not permanent; or

(c) the person was of diminished responsibility when the offence of murder was allegedly committed, if the proceeding is continued against the person for another offence constituted by the act or omission to which the offence of murder relates.

"end day" , in relation to a decision leading to trial, means—

(a) the day the trial for the relevant offence ends; or

(b) for a decision mentioned in paragraph (b) of the definition
"decision leading to trial" , if the proceeding for the relevant offence is discontinued under chapter 12 , part 6 , division 2 —the day the proceeding is discontinued.

"prescribed day" means—

(a) for a decision of the Mental Health Court that is a decision leading to trial—the end day; or

(b) for a decision of the Mental Health Court other than a decision leading to trial—

(i) if an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn—

(A) if the Court of Appeal makes a decision leading to trial—the end day; or

(B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or

(C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or

(ii) if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or

(iii) if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or

(iv) otherwise—the day that is 28 days after the date of the Mental Health Court’s decision.

Examples of a decision of the Mental Health Court for paragraph (b)—

• a decision made under section 116 that the person was of unsound mind when the offence was allegedly committed

• a decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent

"relevant offence" means—

(a) the offence to which the reference relates; or

(b) if the reference relates to the offence of murder and the person was of diminished responsibility when the offence was allegedly committed—another offence constituted by the act or omission to which the offence of murder relates.