Mental Health Act 2016
sec.116Decision about unsoundness of mind and diminished responsibility
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sec.116 Decision about unsoundness of mind and diminished responsibility
On hearing the proceeding for the reference, the Mental Health Court must decide— whether the person was of unsound mind when the offence was allegedly committed; and if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed. This section is subject to sections 117 and 117A . s 116 amd 2022 No. 1 s 53 (sec.116-ssec.1) On hearing the proceeding for the reference, the Mental Health Court must decide— whether the person was of unsound mind when the offence was allegedly committed; and if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed. (sec.116-ssec.2) This section is subject to sections 117 and 117A .
- (a) whether the person was of unsound mind when the offence was allegedly committed; and
- (b) if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.