sec.183Power to make reference to Mental Health Court and related orders

sec.183 Power to make reference to Mental Health Court and related orders

On the making of the order under section 182 , the court must— adjourn the trial; and in the way set out in section 184 , refer to the Mental Health Court the matter of the person’s mental state relating to— the indictable offence with which the person is charged; and any summary offence mentioned in section 182 (b) that is an associated offence; and order that— either— the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or bail be granted, enlarged or varied under the Bail Act 1980 for the person; or if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.

• (a) adjourn the trial; and
• (b) in the way set out in section 184 , refer to the Mental Health Court the matter of the person’s mental state relating to— (i) the indictable offence with which the person is charged; and (ii) any summary offence mentioned in section 182 (b) that is an associated offence; and
• (i) the indictable offence with which the person is charged; and
• (ii) any summary offence mentioned in section 182 (b) that is an associated offence; and
• (c) order that— (i) either— (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or (ii) if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. Note— An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.
• (i) either— (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or
• (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or
• (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or
• (ii) if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. Note— An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.