5Application to Magistrates' Court

5 Application to Magistrates' Court (1) The defence of mental impairment as provided for in section 20(1) and the presumption in section 21(1) apply to summary offences and to indictable offences heard and determined summarily. S. 5(2) inserted by No. 7/2002 s. 4, amended by No. 68/2009 s. 97(Sch. item 39.1). (2) If the Magistrates' Court finds a person not guilty because of mental impairment of a summary offence or an indictable offence heard and determined summarily, the Magistrates' Court must discharge the person. S. 5(3) inserted by No. 55/2014 s. 121. (3) This section does not apply to the Children's Court. S. 5A inserted by No. 55/2014 s. 122.