18Effect of findings

18 Effect of findings

(1)  A defendant who is found not guilty of an offence at a special hearing is taken to have been found not guilty at an ordinary trial of criminal proceedings.

(2)  [Section 18 Subsection (2) substituted by No. 72 of 2005, s. 93, Applied:20 Feb 2006] If a defendant is found not guilty of the offence charged on the ground of insanity or on a finding being made to that effect, or a finding cannot be made that the defendant is not guilty of an offence, the court is to –

(a) make a restriction order; or

(b) release the defendant and make a supervision order; or

(c) [Section 18 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] make a treatment order; or

(d) [Section 18 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] .  .  .  .  .  .  .  .  

(e) release the defendant on such conditions as the court considers appropriate; or

(f) release the defendant unconditionally.

(3)  [Section 18 Subsection (3) inserted by No. 72 of 2005, s. 93, Applied:20 Feb 2006] Despite subsection (2) , only the Supreme Court may make a restriction order or supervision order under that subsection.

(4)  [Section 18 Subsection (4) inserted by No. 21 of 2016, s. 8, Applied:11 Jul 2016] A treatment order made under subsection (2)(c) , whether before or after the commencement of the Crimes (Miscellaneous Amendments) Act 2016, is taken to have been made under Division 2 of Part 3 of Chapter 2 of the Mental Health Act 2013 .