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Criminal Justice (Mental Impairment) Act 1999
36AReferral of forensic order to Supreme Court
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### 36A Referral of forensic order to Supreme Court
> [*\[Section 36A of Part 4 Inserted by No. 21 of 2016, s. 14, Applied:11 Jul 2016\]*](/view/html/inforce/2016-07-11/act-2016-021#GS14@EN)
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> > (1) If a magistrate is of the opinion, after taking into account the matters required to be considered in determining the order to be made, that a forensic order should be made in respect of a defendant, the magistrate may refer the matter to the Supreme Court for determination.
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> > (2) On the referral of a matter to the Supreme Court under [subsection (1)](#GS21A@Gs1@EN) , the Supreme Court –
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> > > > (a) must enquire into the circumstances of the case; and
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> > > > (b) has the same powers to deal with the defendant as if the defendant had been dealt with in the Supreme Court.