sec.157Admissibility of expert’s report and transcript at trial

sec.157 Admissibility of expert’s report and transcript at trial

This section applies to— an expert’s report received in evidence by the Mental Health Court on a reference; and a transcript of the proceeding of the Mental Health Court on the reference. The report and transcript are admissible at the trial of the person for the offence in relation to the reference, or any other offence alleged to have been committed by the person, only for the following purposes— deciding whether— for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or for the application of the Criminal Code , section 645 , the person is not of sound mind; or the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or the person should be admitted to an authorised mental health service under a forensic order (Criminal Code); sentencing the person. s 157 amd 2024 No. 7 s 15 (sec.157-ssec.1) This section applies to— an expert’s report received in evidence by the Mental Health Court on a reference; and a transcript of the proceeding of the Mental Health Court on the reference. (sec.157-ssec.2) The report and transcript are admissible at the trial of the person for the offence in relation to the reference, or any other offence alleged to have been committed by the person, only for the following purposes— deciding whether— for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or for the application of the Criminal Code , section 645 , the person is not of sound mind; or the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or the person should be admitted to an authorised mental health service under a forensic order (Criminal Code); sentencing the person.

• (a) an expert’s report received in evidence by the Mental Health Court on a reference; and
• (b) a transcript of the proceeding of the Mental Health Court on the reference.
• (a) deciding whether— (i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or (ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or (iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or (iv) the person should be admitted to an authorised mental health service under a forensic order (Criminal Code);
• (i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or
• (ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or
• (iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or