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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
15Considerations of Judge when making order
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#### 15 Considerations of Judge when making order
15 Considerations of Judge when making order
> In deciding whether it would be more appropriate to deal with a defendant in accordance with this Division, the Judge of the Local Court may consider the following—
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> > (a) the nature of the defendant’s apparent mental health impairment or cognitive impairment,
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> > (b) the nature, seriousness and circumstances of the alleged offence,
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> > (c) the suitability of the sentencing options available if the defendant is found guilty of the offence,
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> > (d) relevant changes in the circumstances of the defendant since the alleged commission of the offence,
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> > (e) the defendant’s criminal history,
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> > (f) whether the defendant has previously been the subject of an order under this Act or section 32 of the [Mental Health (Forensic Provisions) Act 1990](/view/html/repealed/current/act-1990-010),
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> > (g) whether a treatment or support plan has been prepared in relation to the defendant and the content of that plan,
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> > (h) whether the defendant is likely to endanger the safety of the defendant, a victim of the defendant or any other member of the public,
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> > (i) other relevant factors.
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> **s 15:** Am 2025 No 61, Sch 2.64\[3\] \[7\].