Western Australian Consolidated Acts

CRIMINAL LAW (MENTALLY IMPAIRED ACCUSED) ACT 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Application to all courts exercising criminal jurisdiction  

   PART 2 -- General provisions about mentally ill accused  

   5.      Accused refused bail may be detained in authorised hospital  
   6.      Relationship to Mental Health Act 1996  
   7.      Reports to include report of treatment given  

   PART 3 -- Mental unfitness to stand trial  

           Division 1 -- General  

   8.      Terms used  
   9.      Mental unfitness to stand trial, definition  
   10.     Presumptions as to mental fitness to stand trial  
   11.     When the question of mental fitness may be raised  
   12.     Deciding the question of mental fitness  
   13.     Raising and deciding the question whether an accused has become mentally fit  
   14.     Adjournments, courts’ powers on  

           Division 2 -- Proceedings in courts of summary jurisdiction  

   15.     Application  
   16.     Procedure for offences triable summarily  
   17.     Procedure for indictable offences  

           Division 3 -- Proceedings in the Supreme Court and District Court  

   18.     Application  
   19.     Procedure  

   PART 4 -- Accused acquitted on account of unsoundness of mind  

   20.     Powers of courts of summary jurisdiction  
   21.     Powers of superior courts  
   22.     Orders that may be made by courts  

   PART 5 -- Mentally impaired accused  

           Division 1 -- Preliminary  

   23.     Terms used  

           Division 2 -- Place of custody  

   24.     General effect of custody order  
   25.     Place of custody to be determined within 5 days of order  
   26.     Place of custody may be changed  

           Division 3 -- Leave of absence  

   27.     Governor may permit Board to allow leave of absence  
   28.     If allowed, Board may grant leave of absence  
   29.     Board may cancel leave of absence  
   30.     Status of mentally impaired accused on leave of absence  
   31.     Absence without leave  
   32.     Other Acts do not apply  

           Division 4 -- Reports about mentally impaired accused  

   33.     Reports to Minister  
   34.     Reports to be given to accused, Police and DPP  

           Division 5 -- Releasing mentally impaired accused  

   35.     Governor may release mentally impaired accused  
   36.     Order to be given to accused, Police and DPP  
   37.     Breach of conditions of release  

           Division 6 -- Miscellaneous  

   38.     When discharge occurs  
   39.     Released mentally impaired accused may be made involuntary patient  
   40.     Board may require examination etc.  

   PART 6 -- Mentally Impaired Accused Review Board  

   41.     Board established  
   42.     Members  
   42A.    Meetings  
   43.     Registrar and staff  
   44.     Functions  
   45.     Supervising officers  
   46.     Decisions, orders and warrants  
   47.     Judicial notice of appointment and signature  
   48.     Annual report to Minister  

   PART 7 -- Miscellaneous  

   49.     Issue and execution of warrants  
   50.     Regulations  
           SCHEDULE 1 -- Offences for which a custody order must be made  
           Compilation table
           
[Reprinted under the Reprints Act 1984 as at 17 April 2009]