(a)     an offence involving actual or threatened violence; or

        (b)     an offence against subsection 27 (3) or (4).

“428RB.     Dismissal on grounds of mental impairment

“(1)     An accused is entitled to have charges against him or her dismissed on the grounds of mental impairment if it is established on the balance of probabilities that, at the time of the alleged offence, the accused was, as a result of mental dysfunction—

        (a)     incapable of knowing what he or she was doing; or

        (b)     incapable of understanding that what he or she was doing was wrong.

“(2)     The onus of establishing that the accused is entitled to have charges against him or her dismissed on the grounds of mental impairment lies on the party seeking the dismissal.

“(3)     Evidence adduced by the prosecution to establish that the accused is entitled to have charges against him or her dismissed on the grounds of mental impairment is inadmissible except with the leave of the Magistrates Court.

“428RC.     Plea of not guilty by reason of mental impairment

    If an accused pleads not guilty by reason of mental impairment, the Magistrates Court shall find the accused not guilty on that ground with respect to the offence charged if—

        (a)     the Magistrates Court considers the finding appropriate; and

        (b)     the prosecution agrees to the finding.

“428RD.     Magistrates Court orders following dismissal—non-serious offence

“(1)     If an accused has been charged with an offence other than a serious offence and the charges are dismissed on the ground of mental impairment, the Magistrates Court may—

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

        (b)     make such other orders as it considers appropriate.

“(2)     Where—

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

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

the Magistrates Court shall, in consideration of the tribunal's recommendations, make such further orders as it considers appropriate.

“(3)     The orders the Magistrates Court may make under subsections (1) and (2) include the following:

        (a)     that the accused be detained in custody until the tribunal orders otherwise;

        (b)     that the accused submit to the jurisdiction of the tribunal to enable the tribunal to make a mental health order.

“428RE.     Magistrates Court orders following dismissal—serious offence

“(1)     If an accused is charged with a serious offence and the charges against him or her are dismissed on the ground of mental impairment, the Magistrates Court shall order that the accused be detained in custody until the tribunal orders otherwise unless, in consideration of the criteria for detention in section 428D, it is satisfied that it is more appropriate to order that the accused submit to the jurisdiction of the tribunal to enable the tribunal to make a mental health order.

“(2)     If the Magistrates Court is satisfied as mentioned in subsection (1), it shall make an order accordingly.”.