specified means specified in an order under this section that commits an accused person to a secure mental health unit.
(2) When a trial is adjourned, the judge may –
(a) direct the trial to be held either at that or a later sitting of the court; and
(b) either –
(i) remand the accused person accordingly; or
(ii) in a proper case, admit the accused person to bail and, if necessary, enlarge the recognisances of the witnesses.
(3) Instead of remanding the accused person to a gaol or detention centre, or to the custody of the Director of Corrective Services or the Secretary of the responsible Department in relation to the Youth Justice Act 1997 , the judge may commit him or her to a secure mental health unit if –
Section 348 - Criminal Code Act 1924 - On adjournment of trial accused may be remanded, &c. | Zoe
(a) the judge considers that remand is appropriate in the circumstances; and
(c) the judge considers that the accused person should be admitted to a secure mental health unit for his or her own health or safety or for the protection of others; and
(i) the admission of the accused person to the secure mental health unit is necessary for his or her care or treatment; and
(ii) adequate facilities and staff exist at the secure mental health unit for the appropriate care and treatment of the accused person; and
(iii) in the case of an accused person who has not attained the age of 18 years, the secure mental health unit is the most appropriate place available to accommodate him or her in the circumstances having regard to the objectives and general principles set out in sections 4 and 5 of theYouth Justice Act 1997 .
(4) Each of the following persons may apply at any time to the Supreme Court for the variation or revocation of an order under this section that commits an accused person to a secure mental health unit:
(5) [Section 348 Amended by No. 4 of 2023, s. 10, Applied:25 Sep 2023] The Chief Psychiatrist must apply to the Supreme Court for the revocation of an order under this section that commits an accused person to a secure mental health unit if the Chief Psychiatrist is of the opinion that the accused person no longer requires such treatment or would no longer benefit from such treatment.
(6) On hearing an application, the judge –
(a) may vary, revoke or confirm the order committing the accused person to a secure mental health unit; and
(b) if the judge revokes the order, may make any other order he or she could have made under this section.
(7) An application is to be heard and determined within 14 days after it is made.
(9) If a judge makes an order under this section that commits a person to a secure mental health unit –
(a) the judge is to specify in the order that the specified person, or a person of the specified class of person, is to be responsible for taking the accused person to the specified secure mental health unit; and
(b) the judge may specify in the order that that or another specified person, or a person of that or another specified class of person, is to be responsible for bringing the accused person from the specified secure mental health unit before the Court in connection with the exercise by the Court of its powers under this Act.
(10) [Section 348 Amended by No. 4 of 2023, s. 10, Applied:25 Sep 2023] A copy of an order under this section that commits an accused person to a secure mental health unit and the report of the Chief Psychiatrist are to accompany the accused person to the specified secure mental health unit.
(11) While an accused person is the responsibility of another person as specified in an order that commits the accused person to a secure mental health unit –
(a) that other person has the custody of the accused person; and
(15) [Section 348 Amended by No. 4 of 2023, s. 10, Applied:25 Sep 2023] If the whole or any part of the report of the Chief Psychiatrist is disputed, a judge must not take into consideration the report or part in dispute unless the party disputing the report or part has had the opportunity –