6APowers of court in relation to certain convictions and sentences concerning mentally ill persons

6A Powers of court in relation to certain convictions and sentences concerning mentally ill persons

6A Powers of court in relation to certain convictions and sentences concerning mentally ill persons

On an appeal under section 5 (1) against a conviction or sentence, being—

(a) a finding following an inquiry within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 by a court that a person is unfit to be tried for an offence, or

(b) a finding of a court referred to in section 59(1)(c) or (d) of that Act in respect of a person, or

(c) any order made by the court of trial imposing a limiting term of imprisonment on a person following a special hearing under that Act and any other order or penalty made or imposed by the court of trial in respect of a person following a special hearing under that Act, or

(d) any order made by the court of trial in respect of a person following a special verdict of act proven but not criminally responsible,

the court may make any finding, verdict, order or determination which could have been made in relation to the proceedings before the court of trial.

s 6A: Ins 1986 No 94, Sch 1 (3). Am 1989 No 102, Sch 1 (2). Subst 1990 No 11, Sch 2. Am 2008 No 79, Sch 3.7 [2]; 2020 No 12, Sch 3.12[6].