Mental Health Act 2016
sec.491Proceeding discontinued at end of prescribed period
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sec.491 Proceeding discontinued at end of prescribed period
The proceeding against the person for the relevant offence is discontinued at the end of the prescribed period if— the director of public prosecutions has not decided under section 490 to discontinue the proceeding; or the tribunal has not decided the person is fit for trial. For subsection (1) , the prescribed period is— for a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or for a proceeding for another offence—3 years from the day the finding of unfitness was made. In calculating the prescribed period, the following periods must be disregarded— a period for which the person is a patient required to return; a period for which the Forensic Disability Act , section 113 applies to the person. (sec.491-ssec.1) The proceeding against the person for the relevant offence is discontinued at the end of the prescribed period if— the director of public prosecutions has not decided under section 490 to discontinue the proceeding; or the tribunal has not decided the person is fit for trial. (sec.491-ssec.2) For subsection (1) , the prescribed period is— for a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or for a proceeding for another offence—3 years from the day the finding of unfitness was made. (sec.491-ssec.3) In calculating the prescribed period, the following periods must be disregarded— a period for which the person is a patient required to return; a period for which the Forensic Disability Act , section 113 applies to the person.
- (a) the director of public prosecutions has not decided under section 490 to discontinue the proceeding; or
- (b) the tribunal has not decided the person is fit for trial.
- (a) for a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or
- (b) for a proceeding for another offence—3 years from the day the finding of unfitness was made.
- (a) a period for which the person is a patient required to return;
- (b) a period for which the Forensic Disability Act , section 113 applies to the person.