Mental Health Act 2016
sec.618Ending of suspension
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sec.618 Ending of suspension
This section applies to a proceeding against a person that is suspended under section 616 . The suspension of the proceeding ends only if each of the following is satisfied— the person is not, or is no longer, a classified patient; if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked; if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended; if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn. s 618 amd 2017 No. 3 s 43 (sec.618-ssec.1) This section applies to a proceeding against a person that is suspended under section 616 . (sec.618-ssec.2) The suspension of the proceeding ends only if each of the following is satisfied— the person is not, or is no longer, a classified patient; if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked; if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended; if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn. s 618 amd 2017 No. 3 s 43
- (a) the person is not, or is no longer, a classified patient;
- (b) if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked;
- (c) if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended;
- (d) if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn.