Mental Health Act 2016
sec.189Application of div 2
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sec.189 Application of div 2
This division applies if, on the trial of a person charged with an indictable offence— the jury makes a relevant finding; and the Supreme Court or District Court makes a forensic order (Criminal Code). In this section— relevant finding means— a finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or a finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or a finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred. (sec.189-ssec.1) This division applies if, on the trial of a person charged with an indictable offence— the jury makes a relevant finding; and the Supreme Court or District Court makes a forensic order (Criminal Code). (sec.189-ssec.2) In this section— relevant finding means— a finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or a finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or a finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred.
- (a) the jury makes a relevant finding; and
- (b) the Supreme Court or District Court makes a forensic order (Criminal Code).
- (a) a finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or
- (b) a finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or
- (c) a finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred.