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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
12Defendants with mental health impairments or cognitive impairments
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#### 12 Defendants with mental health impairments or cognitive impairments
12 Defendants with mental health impairments or cognitive impairments
> > (1) A Judge of the Local Court may make an order under this Division or adjourn proceedings if it appears to the Judge that the defendant has (or had at the time of the alleged commission of the offence to which the proceedings relate) a mental health impairment or a cognitive impairment, or both.
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> > (2) The Judge may take action under this Division only if it appears to the Judge, on an outline of the facts alleged in the proceedings or other evidence the Judge considers relevant, it would be more appropriate to deal with the defendant in accordance with this Division than otherwise in accordance with law.
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> > (3) This Division does not apply if the defendant is a mentally ill person or a mentally disordered person.
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> **s 12:** Am 2025 No 61, Sch 2.64\[4\]–\[6\].