Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 613

613 Want of understanding of accused person

(1) If, when the accused person is called upon to plead to the indictment, it appears to be uncertain, for any reason, whether the person is capable of understanding the proceedings at the trial, so as to be able to make a proper defence, a jury of 12 persons, to be chosen from the panel of jurors, are to be empanelled forthwith, who are to be sworn to find whether the person is so capable or no.

(2) If the jury find that the accused person is capable of understanding the proceedings, the trial is to proceed as in other cases.

(3) If the jury find that the person is not so capable they are to say whether the person is so found by them for the reason that the accused person is of unsound mind or for some other reason which they shall specify, and the finding is to be recorded, and the court may order the accused person to be discharged, or may order the person to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016 .

(4) A person so found to be incapable of understanding the proceedings at the trial may be again indicted and tried for the offence.