Mental Health Act 2016
sec.181Application of div 1
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sec.181 Application of div 1
This division applies if— a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and 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 for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or is unfit for trial. In this section— relevant proceeding , for a person charged with an indictable offence, means— if the person pleads guilty to the charge at the person’s trial—the person’s trial; or if the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence. (sec.181-ssec.1) This division applies if— a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and 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 for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or is unfit for trial. (sec.181-ssec.2) In this section— relevant proceeding , for a person charged with an indictable offence, means— if the person pleads guilty to the charge at the person’s trial—the person’s trial; or if the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence.
- (a) a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and
- (b) the court is reasonably satisfied, on the balance of probabilities, that the person— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or (iii) is unfit for trial.
- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
- (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or
- (iii) is unfit for trial.
- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
- (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or