NSWIn ForceAct
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
23Dismissal of charges
Start here
Get a plain-English read of 23
Turn the raw legal text into a practical explanation grounded in Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
#### 23 Dismissal of charges
23 Dismissal of charges
> > (1) If a defendant is dealt with by a Judge of the Local Court in accordance with this Division, the charge which gave rise to the proceedings, on the expiration of the period of 6 months after the date on which the defendant is so dealt with, is taken to have been dismissed unless, within that period, the defendant is brought before a Judge of the Local Court to be further dealt with in relation to the charge.
>
> > (2) If a defendant is brought before a Judge of the Local Court to be further dealt with in relation to a charge, the Judge must, in dealing with the charge, take account of any period during which the defendant was detained in a mental health facility as a consequence of an order.
>
> > (3) The fact that charges are taken to have been dismissed under subsection (1) does not constitute a finding that the charges against the defendant are proven or otherwise.
>
> **s 23:** Am 2025 No 61, Schs 2.64\[2\] \[5\], 3.11\[2\].