(1)  In this section –

Chief Psychiatrist has the same meaning as in the Mental Health Act 2013 ;

secure mental health unit has the same meaning as in the Mental Health Act 2013 ;

specified means specified in an order under this section that commits an accused person to a secure mental health unit.

(2)  When a trial is adjourned, the judge may –

(a) direct the trial to be held either at that or a later sitting of the court; and

(b) either –

(i) remand the accused person accordingly; or

(ii) in a proper case, admit the accused person to bail and, if necessary, enlarge the recognisances of the witnesses.

(3)  Instead of remanding the accused person to a gaol or detention centre, or to the custody of the Director of Corrective Services or the Secretary of the responsible Department in relation to the Youth Justice Act 1997 , the judge may commit him or her to a secure mental health unit if –

(a) the judge considers that remand is appropriate in the circumstances; and

(b) the accused person appears to be suffering from a mental illness within the meaning of the Mental Health Act 2013 ; and

(c) the judge considers that the accused person should be admitted to a secure mental health unit for his or her own health or safety or for the protection of others; and

(d) the Chief Psychiatrist has provided a report to the effect that –

(i) the admission of the accused person to the secure mental health unit is necessary for his or her care or treatment; and

(ii) adequate facilities and staff exist at the secure mental health unit for the appropriate care and treatment of the accused person; and

(iii) in the case of an accused person who has not attained the age of 18 years, the secure mental health unit is the most appropriate place available to accommodate him or her in the circumstances having regard to the objectives and general principles set out in sections 4 and 5 of the Youth Justice Act 1997 .

(4)  Each of the following persons may apply at any time to the Supreme Court for the variation or revocation of an order under this section that commits an accused person to a secure mental health unit:

(a) the Director of Public Prosecutions;

(b) the Secretary of the responsible Department in relation to the Mental Health Act 2013 ;

(c) the Chief Psychiatrist;

(d) the accused person.

(5)  The Chief Psychiatrist must apply to the Supreme Court for the revocation of an order under this section that commits an accused person to a secure mental health unit if the Chief Psychiatrist is of the opinion that the accused person no longer requires such treatment or would no longer benefit from such treatment.

(6)  On hearing an application, the judge –

(a) may vary, revoke or confirm the order committing the accused person to a secure mental health unit; and

(b) if the judge revokes the order, may make any other order he or she could have made under this section.

(7)  An application is to be heard and determined within 14 days after it is made.

(8)  The Secretary of the responsible Department in relation to the Mental Health Act 2013 may delegate his or her power under subsection (4)(b) to apply for the variation or revocation of an order under this section.

(9)  If a judge makes an order under this section that commits a person to a secure mental health unit –

(a) the judge is to specify in the order that the specified person, or a person of the specified class of person, is to be responsible for taking the accused person to the specified secure mental health unit; and

(b) the judge may specify in the order that that or another specified person, or a person of that or another specified class of person, is to be responsible for bringing the accused person from the specified secure mental health unit before the Court in connection with the exercise by the Court of its powers under this Act.

(10)  A copy of an order under this section that commits an accused person to a secure mental health unit and the report of the Chief Psychiatrist are to accompany the accused person to the specified secure mental health unit.

(11)  While an accused person is the responsibility of another person as specified in an order that commits the accused person to a secure mental health unit –

(a) that other person has the custody of the accused person; and

(b) the accused person is taken to be a forensic patient for the purposes of the application of relevant provisions of Parts 4 and 5 of Chapter 2 of the Mental Health Act 2013 .

(12)  A judge may make such orders as to the distribution and security of the report provided by the Chief Psychiatrist as he or she considers necessary or appropriate.

(13)  Unless a judge orders otherwise, the Chief Psychiatrist must give, as soon as practicable, a copy of his or her report to –

(a) the prosecutor; and

(b) the Australian legal practitioner representing the accused person or, if the accused person is unrepresented, the accused person.

(14)  The prosecution or the defence may dispute the whole or any part of the report of the Chief Psychiatrist.

(15)  If the whole or any part of the report of the Chief Psychiatrist is disputed, a judge must not take into consideration the report or part in dispute unless the party disputing the report or part has had the opportunity –

(a) to lead evidence on the disputed matters; and

(b) to cross-examine on the disputed matters the Chief Psychiatrist or, if the Chief Psychiatrist has delegated his or her function of writing the report, the author of the report.