Mental Health Act 2016
sec.154Ending of order made because of temporary unfitness for trial
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sec.154 Ending of order made because of temporary unfitness for trial
This section applies to any of the following orders to which a person is subject— a forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent; if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability); if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order. The order ends if the proceeding against the person for the offence to which the reference relates is discontinued other than under section 490 or 491 . See section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 . Also, if the tribunal decides on a review under chapter 12 , part 6 that the person is fit for trial, the order ends under section 497 (2) . (sec.154-ssec.1) This section applies to any of the following orders to which a person is subject— a forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent; if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability); if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order. (sec.154-ssec.2) The order ends if the proceeding against the person for the offence to which the reference relates is discontinued other than under section 490 or 491 . See section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 . Also, if the tribunal decides on a review under chapter 12 , part 6 that the person is fit for trial, the order ends under section 497 (2) .
- (a) a forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent;
- (b) if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability);
- (c) if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order.
- 1 See section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 .