77Dismissal of charge

77 Dismissal of charge (1) This section applies to a person if: (a) the person is charged with an offence in proceedings before a court (other than proceedings for a committal or preliminary hearing); and (b) the charge is being dealt with summarily. (2) The court may request from the Chief Health Officer a certificate in the approved form stating: (a) whether at the time of carrying out the conduct constituting the alleged offence, the person was suffering from a mental illness or mental disturbance; and (b) if the person was suffering from a mental illness or mental disturbance – whether the mental illness or disturbance is likely to have materially contributed to the conduct. (3) The Chief Health Officer must not give the court the certificate unless the Chief Health Officer has received and considered advice on the person from an authorised psychiatric practitioner or designated mental health practitioner. (4) After receiving the certificate, the court must dismiss the charge if satisfied that at the time of carrying out the conduct constituting the alleged offence: (a) the person was suffering from a mental illness or mental disturbance; and

Mental Health and Related Services Act 1998 76 (b) as a consequence of the mental illness or disturbance, the (i) did not know the nature and quality of the conduct; or (ii) did not know the conduct was wrong; or (iii) was not able to control his or her actions.