Tasmanian Consolidated Acts

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CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 18

Effect of findings
(1)  A defendant who is found not guilty of an offence at a special hearing is taken to have been found not guilty at an ordinary trial of criminal proceedings.
(2)  If a defendant is found not guilty of the offence charged on the ground of insanity or on a finding being made to that effect, or a finding cannot be made that the defendant is not guilty of an offence, the court is to –
(a) make a restriction order; or
(b) release the defendant and make a supervision order; or
(c) make a treatment order; or
(d) .  .  .  .  .  .  .  .  
(e) release the defendant on such conditions as the court considers appropriate; or
(f) release the defendant unconditionally.
(3)  Despite subsection (2) , only the Supreme Court may make a restriction order or supervision order under that subsection.
(4)  A treatment order made under subsection (2)(c) , whether before or after the commencement of the Crimes (Miscellaneous Amendments) Act 2016, is taken to have been made under Division 2 of Part 3 of Chapter 2 of the Mental Health Act 2013 .



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