Australian Capital Territory Numbered Acts

CRIMES (AMENDMENT) ACT 1999 (NO. 32 OF 1999) - SECT 31

    After section 428W of the Principal Act the following section is inserted:

“428WA.     Fitness to plead—Magistrates Court

“(1)     This section applies to an indictable offence that can be heard and determined summarily if the Magistrates Court is of the opinion that the case can properly be disposed of summarily having regard to—

        (a)     any relevant representations made by the accused;

        (b)     any relevant representations made by the prosecutor in the presence of the accused;

        (c)     the circumstances and, in particular, the degree of seriousness of the case; and

        (d)     any other circumstances which appear to the Magistrates Court to make it more appropriate for the case to be dealt with on indictment rather than summarily.

“(2)     If this section applies and—

        (a)     the tribunal determines that the accused charged with a serious offence is unfit to plead; and

        (b)     after hearing the charge, the Magistrates Court is satisfied beyond reasonable doubt that the accused committed the acts which constitute the offence;

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.

“(3)     If, under subsection (2), the Magistrates Court 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, it shall make an order to that effect.

“(4)     If this section applies and—

        (a)     the tribunal determines that the accused charged with an offence other than a serious offence is unfit to plead; and

        (b)     after hearing the charge, the Magistrates Court is satisfied beyond reasonable doubt that the accused committed the acts which constitute the offence;

the Magistrates Court may make such orders as it considers appropriate, including the following:

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

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

“(5)     The Magistrates Court shall conduct a hearing under this section as nearly as possible as if it were a normal criminal proceeding.

“(6)     In a hearing under this section—

        (a)     if legal representation is available to the accused—the accused shall have legal representation unless the Magistrates Court otherwise orders; and

        (b)     the accused is to be taken to have pleaded not guilty in respect of the offence charged.

“(7)     If the Magistrates Court is satisfied beyond reasonable doubt that the accused committed the acts which constitute the offence, its finding—

        (a)     does not constitute a basis in law for the recording of any conviction for the offence charged; and

        (b)     constitutes a bar to further prosecution of the accused for any offence in respect of the acts which were alleged to constitute the offence charged.

“(8)         In this section—