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Mental Health Act 2016
sec.485Meaning of finding of unfitness
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sec.485 Meaning of finding of unfitness
For this division, a finding of unfitness is made in relation to a person if— on a reference in relation to the person, the Mental Health Court decides under section 118 the person is unfit for trial and the unfitness for trial is not permanent; or Under section 132 , the Mental Health Court must make a forensic order (mental health), forensic order (disability) or treatment support order for the person. on the trial of the person for an indictable offence, a jury makes a section 613 finding or section 645 finding in relation to the person.
- (a) on a reference in relation to the person, the Mental Health Court decides under section 118 the person is unfit for trial and the unfitness for trial is not permanent; or Note— Under section 132 , the Mental Health Court must make a forensic order (mental health), forensic order (disability) or treatment support order for the person.
- (b) on the trial of the person for an indictable offence, a jury makes a section 613 finding or section 645 finding in relation to the person.