Mental Health Act 2016
sec.545Notice of stay of decision on review of person’s fitness for trial
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sec.545 Notice of stay of decision on review of person’s fitness for trial
This section applies if— the decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and under section 544 , the Mental Health Court stays the decision. The registrar must give the chief executive (justice) written notice of the stay of the decision. As soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give a copy of the notice to— the registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and the prosecuting authority for the offence; and if the person the subject of the decision is a minor—the chief executive (youth justice). s 545 amd 2016 No. 58 s 10 sch 1 (sec.545-ssec.1) This section applies if— the decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and under section 544 , the Mental Health Court stays the decision. (sec.545-ssec.2) The registrar must give the chief executive (justice) written notice of the stay of the decision. (sec.545-ssec.3) As soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give a copy of the notice to— the registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and the prosecuting authority for the offence; and if the person the subject of the decision is a minor—the chief executive (youth justice).
- (a) the decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and
- (b) under section 544 , the Mental Health Court stays the decision.
- (a) the registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and
- (b) the prosecuting authority for the offence; and
- (c) if the person the subject of the decision is a minor—the chief executive (youth justice).