Section 18 - Criminal Justice (Mental Impairment) Act 1999 - Effect of findings

18Effect of findings

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### 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) [*\[Section 18 Subsection (2) substituted by No. 72 of 2005, s. 93, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS93@EN) 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) [*\[Section 18 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC3@EN) make a treatment order; or > > > > > > > (d) [*\[Section 18 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC3@EN) . . . . . . . . > > > > > > > (e) release the defendant on such conditions as the court considers appropriate; or > > > > > > > (f) release the defendant unconditionally. > > > (3) [*\[Section 18 Subsection (3) inserted by No. 72 of 2005, s. 93, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS93@EN) Despite [subsection (2)](#GS18@Gs2@EN) , only the Supreme Court may make a restriction order or supervision order under that subsection. > > > (4) [*\[Section 18 Subsection (4) inserted by No. 21 of 2016, s. 8, Applied:11 Jul 2016\]*](/view/html/inforce/2016-07-11/act-2016-021#GS8@EN) A treatment order made under [subsection (2)(c)](#GS18@Gs2@Hpc@EN) , 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](/view/html/inforce/2026-04-12/act-2013-002#HC2@HP3@HD2@EN) of the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) .