sec.175When reference may be made

sec.175 When reference may be made

This section applies if, in a proceeding before a Magistrates Court against a person charged with an indictable offence other than an offence against a law of the Commonwealth, the court is reasonably satisfied, on the balance of probabilities, that— the person— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial; and both of the following apply— the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community; the making of a forensic order or treatment support order for the person may be justified. The court may, in the way set out in section 176 , refer to the Mental Health Court the matter of the person’s mental state relating to— the indictable offence; and an associated offence. (sec.175-ssec.1) This section applies if, in a proceeding before a Magistrates Court against a person charged with an indictable offence other than an offence against a law of the Commonwealth, the court is reasonably satisfied, on the balance of probabilities, that— the person— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial; and both of the following apply— the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community; the making of a forensic order or treatment support order for the person may be justified. (sec.175-ssec.2) The court may, in the way set out in section 176 , refer to the Mental Health Court the matter of the person’s mental state relating to— the indictable offence; and an associated offence.

• (a) the person— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial; and
• (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial; and
• (b) both of the following apply— (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community; (ii) the making of a forensic order or treatment support order for the person may be justified.
• (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community;
• (ii) the making of a forensic order or treatment support order for the person may be justified.
• (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial; and
• (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community;
• (ii) the making of a forensic order or treatment support order for the person may be justified.