sec.119Unsound mind—discontinuance of proceeding

sec.119 Unsound mind—discontinuance of proceeding

If the Mental Health Court decides the person was of unsound mind when the offence was allegedly committed— the proceeding against the person for the offence is discontinued; and further proceedings may not be taken against the person for the act or omission constituting the offence. Despite the court’s decision, the person may elect to be tried for the offence. The election must be made by giving the director of public prosecutions written notice of the election within 28 days after the person receives written notice of the court’s decision. The director of public prosecutions must, within 7 days after receiving the notice of the person’s election, give written notice of the person’s election to— if an authorised mental health service is responsible for the person—the chief psychiatrist; or if the forensic disability service is responsible for the person—the director of forensic disability. If a forensic order or treatment support order is made for the person under part 4 , the order continues in force until a final decision is made in the proceeding against the person for the offence. The director of public prosecutions must ensure the proceeding against the person for the offence is continued according to law within 28 days after receiving the notice of the person’s election. (sec.119-ssec.1) If the Mental Health Court decides the person was of unsound mind when the offence was allegedly committed— the proceeding against the person for the offence is discontinued; and further proceedings may not be taken against the person for the act or omission constituting the offence. (sec.119-ssec.2) Despite the court’s decision, the person may elect to be tried for the offence. (sec.119-ssec.3) The election must be made by giving the director of public prosecutions written notice of the election within 28 days after the person receives written notice of the court’s decision. (sec.119-ssec.4) The director of public prosecutions must, within 7 days after receiving the notice of the person’s election, give written notice of the person’s election to— if an authorised mental health service is responsible for the person—the chief psychiatrist; or if the forensic disability service is responsible for the person—the director of forensic disability. (sec.119-ssec.5) If a forensic order or treatment support order is made for the person under part 4 , the order continues in force until a final decision is made in the proceeding against the person for the offence. (sec.119-ssec.6) The director of public prosecutions must ensure the proceeding against the person for the offence is continued according to law within 28 days after receiving the notice of the person’s election.

• (a) the proceeding against the person for the offence is discontinued; and
• (b) further proceedings may not be taken against the person for the act or omission constituting the offence.