Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 328

    (1)     If an accused has been charged with an offence other than a serious offence and is found not guilty because of mental impairment, the Magistrates Court may—

        (a)     make an order requiring the accused to submit to the jurisdiction of the ACAT to enable the ACAT to make recommendations as to how he or she should be dealt with; or

        (b)     make any other orders it considers appropriate.

    (2)     If—

        (a)     the Magistrates Court makes an order under subsection (1) (a); and

        (b)     the ACAT notifies the Magistrates Court of its recommendations;

the Magistrates Court shall, in consideration of the ACAT's recommendations, make any further orders it considers appropriate.

    (3)     The orders that the Magistrates Court may make under subsections (1) and (2) include—

        (a)     that the accused be detained in custody for immediate review by the ACAT under the Mental Health Act 2015

, section 180; or

        (b)     that the accused submit to the jurisdiction of the ACAT to allow the ACAT to make a mental health order or a forensic mental health order under the Mental Health Act 2015

.