CRIMINAL LAW (MENTALLY IMPAIRED ACCUSED) ACT 1996
Table of Provisions
PART 1 -- Preliminary
PART 2 -- General provisions about mentally ill accused
- 5 Accused refused bail may be detained in authorised hospital
- 6 Relationship to Mental Health Act 2014
- 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
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
- 50A Protection from personal liability
- 50 Regulations