39Power of court to deal with defendant before proceedings completed

### 39 Power of court to deal with defendant before proceedings completed > > (1)  If the question of a defendant's fitness to stand trial is reserved for investigation under this Act, the court by which the question was reserved or by which the investigation is to be conducted may – > > > > > > (a) [*\[Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpa@EN) admit the defendant to bail – > > > > > > > > > > (i) on condition that he or she will appear subsequently for the purposes of the investigation; and > > > > > > > > > > > (ii) on any other condition that the court considers appropriate; or > > > > > > > (b) [*\[Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpa@EN) if the court considers that it would not be appropriate to admit the defendant to bail – > > > > > > > > > > (i) remand the defendant in custody; or > > > > > > > > > > > (ii) order that the defendant be detained in a secure mental health unit; or > > > > > > > > > > > (iii) make any other order that the court thinks appropriate for the custody or detention of the defendant. > > > > > > > (c) [*\[Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpa@EN) .  .  .  .  .  .  .  .   > > > > > > > (d) [*\[Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpa@EN) .  .  .  .  .  .  .  .   > > > (1A)  [*\[Section 39 Subsection (1A) inserted by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpb@EN) A court may only make an order that the defendant be detained in a secure mental health unit if – > > > > > > (a) [*\[Section 39 Subsection (1A) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC15@EN) the defendant appears to be suffering from a mental illness within the meaning of the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; and > > > > > > > (b) the court considers that the defendant should be admitted to a secure mental health unit for his or her own health or safety or for the protection of others; and > > > > > > > (c) [*\[Section 39 Subsection (1A) amended by No. 4 of 2023, s. 20, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS20@EN) the Chief Psychiatrist has provided a report to the effect that – > > > > > > > > > > (i) the admission of the defendant 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 defendant; and > > > > > > > > > > > (iii) in the case of a defendant 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](/view/html/inforce/2026-04-12/act-1997-081#GS4@EN) and [5 of the](/view/html/inforce/2026-04-12/act-1997-081#GS5@EN) [Youth Justice Act 1997](/view/html/inforce/2026-04-12/act-1997-081) . > > > (1B)  [*\[Section 39 Subsection (1B) inserted by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpb@EN) When making an order under [subsection (1)](#GS39@Gs1@EN) , the court may make any other order it considers appropriate including, but not limited to – > > > > > > (a) an order requiring the production of a report in relation to the defendant's fitness to stand trial and his or her medical, psychological or psychiatric condition; and > > > > > > > (b) an order requiring the defendant to submit to an assessment for the purposes of a report referred to in [paragraph (a)](#GS39@Gs1B@Hpa@EN) ; and > > > > > > > (c) an order giving directions in relation to the nature and means of obtaining the assessment referred to in [paragraph (b)](#GS39@Gs1B@Hpb@EN) ; and > > > > > > > (d) an order allowing the person who is required to produce a report access to the defendant's medical records with or without the defendant's consent. > > > (1C)  [*\[Section 39 Subsection (1C) inserted by No. 72 of 2005, s. 111, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS111@Hpb@EN) If the court under this section orders the production of a report of any kind in relation to the defendant, the person producing the report is to provide a copy of it to both the defendant and prosecutor unless the court orders otherwise. > > > (2)  If – > > > > > > (a) proceedings are adjourned under [Part 2](#HP2@EN) after a court determines that a defendant is likely to become fit to stand trial; or > > > > > > > (b) a court orders that a defendant is liable to supervision under this Act but wishes to reserve the question as to how the court is to deal with the defendant – > > > > the court may exercise any of the powers conferred under [subsection (1)](#GS39@Gs1@EN) .