73AApplication of Division

73A Application of Division (1) This Division applies to a person who: (a) is charged with an offence in proceedings before a court; and (b) in the opinion of the court, may require treatment or care (2) The court may: (a) make one or more orders under this Division for the person; or (b) dismiss the charge at any time if: (i) the charge is being dealt with summarily; and (ii) the proceedings are not proceedings for a committal or preliminary hearing; and (iii) the court is of the opinion that, if the person were found guilty, under the Sentencing Act 1995 the court would dismiss the charge unconditionally or otherwise decline to record a conviction.

Mental Health and Related Services Act 1998 70 (3) Subsection (4) applies if: (a) the offence is one to which section 121A(1)(a) of the Local Court (Criminal Procedure) Act 1928 applies; and (b) the court is of the opinion that the person lacks the capacity to consent to the charge being heard and determined summarily. (4) For section 121A(1)(c) of the Local Court (Criminal Procedure) Act 1928, consent is taken to be have been given by the person if the person's legal representative consents to the charge being heard and determined summarily. (5) For subsections (1)(b) and (3)(b), the court may have regard to the following in forming its opinion: (a) the appearance and behaviour of the person when brought before the court; (b) information given to the court during the proceedings.