Tasmanian Consolidated Acts

CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999

- Act 21 of 1999 
- Royal Assent 14 May 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Application of Act
   5.      Questions of fact
   6.       
   7.       

   PART 2 - Unfitness to stand trial

   8.      Unfitness to stand trial
   9.      Presumption of fitness to stand trial and standard of proof
   10.     Reservation of question of fitness to stand trial
   11.     Procedure on investigation
   12.     Investigation by Supreme Court into fitness to stand trial
   13.     Finding that defendant is not unfit to stand trial
   14.     Finding that defendant is not fit to stand trial
   15.     Special hearings
   16.     Procedures at special hearings
   17.     Findings at special hearings
   18.     Effect of findings
   19.     When investigation into fitness during trial may be dispensed with
   20.     Same jury to determine all issues

   PART 3 - Defence of Insanity

   21.     Procedure for dealing with persons found not guilty by reason of insanity

   PART 3A - Breach of Conditions on Release

   21A.    Breach of conditions on release

   PART 4 - Persons Liable to Forensic Orders and Treatment Orders

           Division 1 - Interpretation

   22.     Interpretation: Part 4

           Division 2 - .  .  .  .  .  .  .  .  

   23.      

           Division 3 - Restriction orders

   24.     Restriction orders
   25.      
   26.     Discharge of restriction orders
   27.     Powers of Supreme Court on discharge of restriction order
   28.      

           Division 4 - Subsequent trial of person found unfit to stand trial

   29.     Subsequent fitness for trial of person subject to treatment order or forensic order

           Division 5 - Supervision orders

   29A.    Supervision orders
   30.     Variation or revocation of supervision order
   31.     Apprehension of defendant under supervision order
   31A.    Suspension of supervision order while defendant imprisoned

           Division 5A - .  .  .  .  .  .  .  .  

   31B.     
   31C.     

           Division 6 - Court procedure

   32.     Expert evidence
   33.     Reports on attitudes of victims and next of kin
   34.     Principle on which courts are to act
   35.     Matters to which courts are to have regard
   35A.    Interim orders

           Division 7 - Appeals to Court of Criminal Appeal

   36.     Appeals

           Division 7A - Referral of forensic orders

   36A.    Referral of forensic order to Supreme Court

           Division 8 - Review of forensic orders

   37.     Review of persons detained under forensic orders

   PART 5 - Miscellaneous

   38.     Counsel to have independent discretion
   39.     Power of court to deal with defendant before proceedings completed
   39A.    Limitation on making certain orders in respect of youth
   39B.    Report of Chief Psychiatrist
   39C.    Custody on making of order committing defendant to secure mental health unit
   40.     Exclusion of evidence
   41.     Arrest of person escaping from detention or absent without leave
   41A.    Authorisation of persons
   42.     Persons currently held in custody
   42A.    Provision of reports to certain persons
   43.     Regulations
   44.     Savings and transitional provisions consequent on the enactment of the Mental Health Amendment (Secure Mental Health Unit) Act 2005
   44A.    Transitional provision on commencement of Mental Health Act 2013
   45.      
   46.      
   47.      
           SCHEDULE 1