South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269T

269T—Matters to which court is to have regard

        (1)         In deciding proceedings under this Subdivision, the court should have regard to—

            (a)         the nature of the defendant's mental impairment; and

            (b)         whether the defendant is, or would if released be, likely to endanger another person, or other persons generally; and

            (c)         whether there are adequate resources available for the treatment and support of the defendant in the community; and

            (d)         whether the defendant is likely to comply with the conditions of a licence; and

            (e)         other matters that the court thinks relevant.

        (2)         The court cannot release a defendant under this Subdivision, or significantly reduce the degree of supervision to which a defendant is subject unless the court—

            (a)         has considered a report (an "expert report") prepared by a psychiatrist or other appropriate expert who has personally examined the defendant, on—

                  (i)         the mental condition of the defendant; and

                  (ii)         the possible effects of the proposed action on the behaviour of the defendant; and

            (b)         has considered the report most recently submitted to the court by the Minister under this Subdivision; and

            (ba)         is satisfied, on the balance of probabilities, that the safety of the person or any member of the public will not be seriously endangered by the person's release; and

            (c)         has considered the report on the attitudes of victims and next of kin prepared under this Subdivision; and

            (d)         is satisfied that—

                  (i)         the defendant's next of kin; and

                  (ii)         the victim (if any) of the defendant's conduct; and

                  (iii)         if a victim was killed as a result of the defendant's conduct—the next of kin of the victim,

have been given reasonable notice of the proceedings.

        (2a)         The court may, if it considers it necessary for the purpose of assisting the court to decide proceedings under this Subdivision, require further additional expert reports to be provided to the court.

        (3)         Notice need not be given under subsection (2)(d) to a person whose whereabouts have not, after reasonable inquiry, been ascertained.