Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a court requires an offender in relation to a relevant offence to submit to the jurisdiction of the ACAT under any of the following provisions, the director of public prosecutions must, as soon as practicable, tell a victim of the offence about the requirement:
(a) the Crimes Act 1900
, part 13 (Unfitness to plead and mental impairment);
(b) the Crimes Act 1914
(Cwlth), part 1B (Sentencing, imprisonment and release of federal offenders).
(2) If the Magistrates Court orders that an offender in relation to a relevant offence be taken to an approved mental health facility without requiring that the person submit to the jurisdiction of the ACAT, the director of public prosecutions must, as soon as practicable, tell a victim of the offence about the order.
Note 1 Under the Crimes Act 1900
, s 309 the Magistrates Court may order that an 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.
Note 2 The DPP need not give the information mentioned in s (1) or (2) to the victim if another justice agency has already given the information to the victim (see s 14E (2) (b)).
(3) In this section:
"approved mental health facility"—see the Mental Health Act 2015
, dictionary.
"offender" includes a person—
(a) who is arrested in connection with an offence; or
(b) in relation to whom there are sufficient grounds on which to charge the person in connection with an offence; or
(c) who is charged in connection with an offence.
"relevant offence" means—
(a) an indictable offence; or
(b) any other offence in relation to which the victim has asked the director of public prosecutions to tell the victim about the information mentioned in this section.