Mental Health Act 2016
sec.159Issue of mental condition may be raised at trial
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sec.159 Issue of mental condition may be raised at trial
A decision by the Mental Health Court on a reference in relation to a person does not prevent the person raising the issue of the person’s mental condition at the person’s trial for the offence. If the issue of the person’s mental condition is raised at the person’s trial, the Mental Health Court’s decision is admissible for sentencing, but is not otherwise admissible at the trial. (sec.159-ssec.1) A decision by the Mental Health Court on a reference in relation to a person does not prevent the person raising the issue of the person’s mental condition at the person’s trial for the offence. (sec.159-ssec.2) If the issue of the person’s mental condition is raised at the person’s trial, the Mental Health Court’s decision is admissible for sentencing, but is not otherwise admissible at the trial.