QLDIn ForceAct
Mental Health Act 2016
sec.122Permanent unfitness for trial—discontinuance of proceeding
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sec.122 Permanent unfitness for trial—discontinuance of proceeding
If the Mental Health Court decides the person is unfit for trial and the unfitness for trial is permanent— 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.
- (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.