Mental Health Act 2016
sec.20Psychiatrist reports
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sec.20 Psychiatrist reports
If a person subject to a treatment authority, forensic order or treatment support order is charged with a serious offence, the person, or someone on the person’s behalf, may request that a psychiatrist prepare a report stating the psychiatrist’s opinion about whether the person— may have been of unsound mind at the time of the alleged commission of the serious offence; or may be unfit for trial. Also, if a person is charged with a serious offence, whether or not the person is subject to a treatment authority, forensic order or treatment support order, the chief psychiatrist may direct that a psychiatrist prepare a report about the matters mentioned in subsection (1) if the chief psychiatrist considers it is in the public interest. A serious offence is an indictable offence, other than an offence that, under the Criminal Code , must be heard and decided summarily. (sec.20-ssec.1) If a person subject to a treatment authority, forensic order or treatment support order is charged with a serious offence, the person, or someone on the person’s behalf, may request that a psychiatrist prepare a report stating the psychiatrist’s opinion about whether the person— may have been of unsound mind at the time of the alleged commission of the serious offence; or may be unfit for trial. (sec.20-ssec.2) Also, if a person is charged with a serious offence, whether or not the person is subject to a treatment authority, forensic order or treatment support order, the chief psychiatrist may direct that a psychiatrist prepare a report about the matters mentioned in subsection (1) if the chief psychiatrist considers it is in the public interest. (sec.20-ssec.3) A serious offence is an indictable offence, other than an offence that, under the Criminal Code , must be heard and decided summarily.
- (a) may have been of unsound mind at the time of the alleged commission of the serious offence; or
- (b) may be unfit for trial.