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Crimes Act 1900
315Procedure if question reserved for investigation
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315 Procedure if question reserved for investigation
(1) If a court reserves the question for investigation, the court must
adjourn the hearing or trial in which the question was raised and
proceed with an investigation under this division.
(2) The court may make 1 or more of the following orders:
(a) an order granting bail;
(b) an order remanding the defendant in custody in an appropriate
place for a stated period;
(c) an order requiring the defendant to be examined by a psychiatrist
or other health practitioner;
(d) if the question arose in a trial for which a jury had been
empanelled—an order discharging the jury;
(e) any other order the court considers appropriate.
(3) The court must not make an order under subsection (2) (b) remanding
the defendant in custody at a place other than a correctional centre
unless satisfied that the facilities or services necessary for the order
are available at the place.
(4) If the court considers that, because of the trivial nature of the charge
or the nature of the defendant’s mental impairment, it would be
inappropriate to inflict any punishment on the defendant in relation to
the offence, the court may decide not to carry out or continue the
investigation and may dismiss the charge and order that the person be
released.