Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 309

    (1)     If, in a proceeding in the Magistrates Court, the court has reasonable grounds for believing that an accused needs immediate treatment or care because of mental impairment, the court may, without requiring the accused to submit to the jurisdiction of the ACAT, order that—

        (a)     the accused be taken by a police officer or corrections officer to an approved mental health facility for clinical examination for the purpose of deciding whether the accused needs immediate treatment or care because of mental impairment; and

        (b)     the accused may only be released into the custody of a police officer—

              (i)     by the person in charge of the approved mental health facility; or

              (ii)     if the accused is found to need detention and care because of mental impairment—by the person who is in charge of an approved mental health facility where the accused is detained for care; and

        (c)     on being so released, the accused be dealt with in 1 of the following ways:

              (i)     subject to subsection (2) and despite the Bail Act, be admitted to bail by an authorised officer;

              (ii)     despite the Bail Act, be held in the custody of a police officer who shall cause the accused to be brought before a court as soon as practicable for the purpose of the court determining whether or not to grant bail;

              (iii)     be dealt with by an authorised officer in accordance with the Bail Act .

    (2)     If, when making an order under subsection (1) (c) (i), the Magistrates Court specifies terms and conditions on which bail is to be granted, an authorised officer may only grant bail subject to those terms and conditions.

    (3)     If, under this section, an accused who is taken to an approved mental health facility—

        (a)     is released or discharged from the facility, otherwise than into the custody of a police officer; or

        (b)     leaves the facility, otherwise than in the custody of a police officer;

a police officer may arrest the accused without warrant for the purposes of the terms of the order being satisfied.

    (4)     In this section:

"approved mental health facility"—see the Mental Health Act 2015

, dictionary.

"authorised officer"—see the Bail Act

, dictionary.

"Bail Act" means the Bail Act 1992

.