Mental Health Act 2016
sec.830Discontinuing proceeding for offence following review of fitness for trial
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sec.830 Discontinuing proceeding for offence following review of fitness for trial
This section applies if— before the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and the proceeding against the person for the offence was not discontinued or the person had not been found fit for trial. For a review of the person’s fitness for trial under the new Act, if the tribunal decides the person is unfit for trial, chapter 12, part 6, division 2, applies as if— the decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and a period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3). (sec.830-ssec.1) This section applies if— before the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and the proceeding against the person for the offence was not discontinued or the person had not been found fit for trial. (sec.830-ssec.2) For a review of the person’s fitness for trial under the new Act, if the tribunal decides the person is unfit for trial, chapter 12, part 6, division 2, applies as if— the decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and a period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3).
- (a) before the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and
- (b) the proceeding against the person for the offence was not discontinued or the person had not been found fit for trial.
- (a) the decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and
- (b) a period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3).