NTIn ForceAct
Criminal Code Act 1983
43IEffect of findings under this Division
Start here
Get a plain-English read of 43I
Turn the raw legal text into a practical explanation grounded in Criminal Code Act 1983.
43I Effect of findings under this Division
(1) If an accused person is found not guilty of the offence charged, the
court must discharge the accused person.
(2) If an accused person is found not guilty because of mental
impairment, the court must:
(3) If the court makes a declaration under subsection (2)(a), the court
may also make the interim orders it considers just, including one or
more of the following orders:
(b) an order that the accused person be remanded in custody
court considers appropriate);
(c) an order for the examination of the accused person by a
psychiatrist or other appropriate expert;
(d) if the court makes an order referred to in paragraph (c) – an
order that a report of the results of the examination be
produced before the court.
(3A) The court must not make an interim order under subsection (3)(b)
remanding the accused person in custody in a custodial
alternative given the circumstances of the accused person.
(4) If an accused person is found guilty of the offence charged or an
offence that he or she may be found guilty alternatively of, the court
must record the jury's verdict and proceed to deal with the
conviction and sentencing of the accused person in the normal way.
Criminal Code Act 1983 60