Australian Capital Territory Numbered Acts

CRIMINAL CODE (MENTAL IMPAIRMENT) AMENDMENT ACT 2006 (NO. 14 OF 2006) - SCHEDULE 1

Schedule 1     Other amendments

(see s 3)

Part 1.1     Children and Young People Act 1999

[1.1]     Section 81 (3) (i)

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mental dysfunction or mental illness

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mental impairment

[1.2]     Section 95 (1) (a)

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        (a)     the young person has a mental impairment; and

[1.3]     Section 95 (6)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.4]     Section 118

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.5]     Section 246 (3) (e) (i) and (ii)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.6]     Section 255 (4) (d) (i) and (ii)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.7]     Dictionary, definition of mental dysfunction

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[1.8]     Dictionary, definition of mental illness

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[1.9]     Dictionary, new definition of mental impairment

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"mental impairment"—see the Criminal Code, section 27.

Part 1.2     Crimes Act 1900

[1.10]     Part 13 heading

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Part 13     Unfitness to plead and mental impairment

[1.11]     Section 300, definitions of mental dysfunction and mental illness

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[1.12]     Section 308 (a)

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mental dysfunction or mental illness

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mental impairment

[1.13]     Section 309 (1)

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    (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 tribunal, order that—

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

[1.14]     Section 309 (1) (b) (ii)

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              (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 health facility or approved mental health facility where the accused is detained for care; and

[1.15]     Section 315 (4)

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disability

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mental impairment

[1.16]     Division 13.3 heading

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Division 13.3     Supreme Court—special verdict of not guilty because of mental impairment

[1.17]     Section 320

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[1.18]     Section 321

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321     Supreme Court—plea of not guilty because of mental impairment

    (1)     This section applies if an accused pleads not guilty because of mental impairment to an indictable offence before the Supreme Court.

    (2)     The Supreme Court must enter a special verdict that the person is not guilty of the offence because of mental impairment if—

        (a)     the court considers the verdict appropriate; and

        (b)     the prosecution agrees to the entering of the verdict.

[1.19]     Section 322

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be acquitted on the grounds of mental impairment

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a special verdict of not guilty because of mental impairment

[1.20]     Section 323 heading

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323     Supreme Court orders following special verdict of not guilty because of mental impairment—non-serious offence

[1.21]     Section 323 (1)

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is acquitted on the grounds of mental impairment

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a special verdict of not guilty because of mental impairment is returned or entered

[1.22]     Section 324 heading

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324     Supreme Court orders following special verdict of not guilty because of mental impairment—serious offence

[1.23]     Section 324 (1)

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is acquitted on the grounds of mental impairment

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a special verdict of not guilty because of mental impairment is returned or entered

[1.24]     Division 13.4 heading

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Division 13.4     Magistrates Court—finding of not guilty because of mental impairment

[1.25]     Section 326

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[1.26]     Section 327

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327     Magistrates Court—plea of not guilty because of mental impairment

    (1)     This section applies if an accused pleads not guilty because of mental impairment to a charge before the Magistrates Court.

    (2)     The Magistrates Court must find that the person is not guilty because of mental impairment if—

        (a)     the court considers the finding appropriate; and

        (b)     the prosecution agrees to the finding.

[1.27]     Section 328 heading

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328     Magistrates Court orders following finding of not guilty because of mental impairment—non-serious offence

[1.28]     Section 328 (1)

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the charges are dismissed on the ground of mental impairment

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is found not guilty because of mental impairment

[1.29]     Section 329 heading

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329     Magistrates Court orders following finding of not guilty because of mental impairment—serious offence

[1.30]     Section 329 (1)

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the charges against him or her are dismissed on the ground of mental impairment

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is found not guilty because of mental impairment

[1.31]     Division 13.5 heading

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Division 13.5     Referral of mentally impaired people to tribunal after conviction

[1.32]     Section 330 (b)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.33]     Section 331 (1) and (2)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.34]     Section 331 (4)

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be mentally dysfunctional or mentally ill

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have a mental impairment

[1.35]     Division 13.6 heading

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Division 13.6     Summary proceedings against mentally impaired people

[1.36]     Section 333 (a)

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by reason of mental dysfunction or mental illness

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because of mental impairment

[1.37]     Section 334 (1) (a)

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        (a)     the accused is mentally impaired; and

[1.38]     Section 334 (3) (a), (b), (c) and (g) (i)

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mental dysfunction or mental illness

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mental impairment

[1.39]     Section 334 (8)

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.40]     Dictionary, new definition of mental impairment

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"mental impairment"—see the Criminal Code, section 27.

Part 1.3     Mental Health (Treatment and Care) Act 1994

[1.41]     Section 11 (g)

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on the ground of mental illness

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because of mental impairment

[1.42]     Section 15 (1) (a)

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because of mental dysfunction or mental illness

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because of mental impairment

[1.43]     Section 16 (1) (d)

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(Unfitness to plead, mental illness and mental dysfunction)

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(Unfitness to plead and mental impairment)

[1.44]     Section 26 (n) and (o)

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a mentally ill or mentally dysfunctional offender

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an offender with a mental impairment

[1.45]     Section 26 (o)

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mental illness or mental dysfunction

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mental impairment

[1.46]     Section 26 (p)

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a mentally ill or mentally dysfunctional offender

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an offender with a mental impairment

[1.47]     Section 36J (2)

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    (2)     This section does not apply to an order made in relation to an offender with a mental impairment.

[1.48]     Section 52 (3) and (4)

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a mentally dysfunctional or mentally ill offender

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an offender with a mental impairment

[1.49]     Section 68 (1) (a)

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section 315A (2)

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section 315A (3)

[1.50]     Section 68 (1) (c)

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section 319 (2)

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or (3)

[1.51]     Section 70 heading

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70     Recommendations about people with mental impairment

[1.52]     Section 70

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is mentally dysfunctional or mentally ill

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has a mental impairment

[1.53]     Section 83A (2) (f)

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        (f)     making a recommendation under section 70 about a person who has a mental impairment;

[1.54]     New part 15

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Part 15     Transitional

150     Application of amendments made by Crimes Amendment Act 2005

    (1)     This section sets out provisions that apply if, before the commencement of the Crimes Amendment Act 2005 (the relevant commencement day ), the Supreme Court or the Magistrates Court had made an order under the Crimes Act, part 13 requiring a person to submit to the jurisdiction of the tribunal to enable the tribunal to determine whether or not the person was fit to plead to a charge.

    (2)     If, before the relevant commencement day, the tribunal had made a final determination about the person's fitness to plead, the Crimes Act, part 13 and this Act, section 68 apply in relation to the matter as if the question of the person's fitness to plead had been decided by the court.

    (3)     If, before the relevant commencement day, the tribunal had not made a final determination about the person's fitness to plead—

        (a)     former part 8 applies in relation to the matter if the tribunal has not made a final determination about the person's fitness to plead; and

        (b)     if the tribunal has made its final determination, the Crimes Act, part 13 and this Act, section 68 apply in relation to the matter as if the question of the person's fitness to plead had been decided by the court.

    (4)     On the commencement of this section, part 15 (Transitional) as inserted by the Crimes Amendment Act 2005 ceases to have effect.

    (5)     This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (6)     In this section:

"final determination" about a person's fitness to plead means—

        (a)     a determination under former section 68 that the person is unfit to plead and is unlikely to become fit within 12 months; or

        (b)     a determination under former section 68, or on a review under former section 69, that the person is fit to plead; or

        (c)     if the tribunal first determines under former section 68 that the person is unfit to plead but is likely to become fit within 12 months after the determination is made—a determination under former section 69 after the end of the 12-month period that the person is unfit to plead.

former part 8 means that part as in force immediately before the commencement of the Crimes Amendment Act 2005 .

former section 68 means that section as in force immediately before the commencement of the Crimes Amendment Act 2005 .

former section 69 means that section as in force immediately before the commencement of the Crimes Amendment Act 2005 .

151     Expiry of pt 15

This part expires 5 years after the day it commences.

[1.55]     Dictionary, new definition of mental impairment

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"mental impairment"—see the Criminal Code, section 27.

[1.56]     Dictionary, definition of mentally dysfunctional or mentally ill offender

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[1.57]     Dictionary, definition of offender with a mental impairment

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"offender with a mental impairment" means a person who has been ordered by a court, under the Crimes Act, part 13 (Unfitness to plead and mental impairment) or the C&YP Act, part 6.2 (which is about dealing with young offenders), to submit to the jurisdiction of the tribunal to enable the tribunal to make a mental health order in relation to the person.