ACTIn ForceAct
Crimes Act 1900
328Magistrates Court orders following finding of not guilty
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328 Magistrates Court orders following finding of not guilty
because of mental impairment—non-serious offence
(1) If an accused has been charged with an offence other than a serious
offence and is found not guilty because of mental impairment, the
Magistrates Court may—
(a) make an order requiring the accused to submit to the jurisdiction
of the ACAT to enable the ACAT to make recommendations as
to how he or she should be dealt with; or
(b) make any other orders it considers appropriate.
(a) the Magistrates Court makes an order under subsection (1) (a);
and
(b) the ACAT notifies the Magistrates Court of its
recommendations;
the Magistrates Court shall, in consideration of the ACAT’s
recommendations, make any further orders it considers appropriate.
(3) The orders that the Magistrates Court may make under
subsections (1) and (2) include—