Mental Health Act 2016
sec.131Orders if unsound mind or permanent unfitness for trial
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sec.131 Orders if unsound mind or permanent unfitness for trial
This section applies if, on a reference in relation to a person, the Mental Health Court decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent. The court must make the order required under division 2 or 3 for the person. However, if the court is not required under division 2 or 3 to make an order for the person, the court may make no order for the person. (sec.131-ssec.1) This section applies if, on a reference in relation to a person, the Mental Health Court decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent. (sec.131-ssec.2) The court must make the order required under division 2 or 3 for the person. (sec.131-ssec.3) However, if the court is not required under division 2 or 3 to make an order for the person, the court may make no order for the person.
- (a) was of unsound mind when the offence was allegedly committed; or
- (b) is unfit for trial and the unfitness for trial is permanent.