Tasmanian Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 29
Subsequent fitness for trial of person subject to treatment order or forensic order
(1) If
(a) a defendant has been found unfit to stand trial and a court has made an
order under section 18(2) in respect of the defendant; and
(b) the Chief Psychiatrist is satisfied that the defendant has become fit to
stand trial
the Chief Psychiatrist must inform the
Attorney-General, in writing, of that fact.
(2)
. . . . . . . .
(3) On receiving a notification under subsection (1) , the
Attorney-General must, after consulting with the Director of Public
Prosecutions
(a) request the court before which the defendant was found to be unfit to
stand trial to resume the proceedings against the defendant; or
(b) determine that no further proceedings are to be taken against the
defendant for the offence in respect of which he or she was found unfit to
stand trial and advise the defendant in writing of that fact.
(3A) If the Attorney-General determines under subsection (3)(b)
that no further proceedings are to be taken against the defendant, he or she
is to
(a) request the court before which the defendant was found to be unfit to
stand trial to dismiss the proceedings against the defendant and discharge the
treatment order, restriction order or supervision order; and
(b) notify the following persons of that determination:
(i) the defendant;
(ii) the controlling authority, within the meaning of the
Mental Health Act 2013 , of the approved hospital in which the defendant is
detained if the defendant is subject to a treatment order that requires the
defendant to be detained in that hospital;
(iii) the Chief Psychiatrist.
(iv)
. . . . . . . .
(4) On receipt of a request from the Attorney-General under
subsection (3)(a) , the appropriate court must
(a) resume the proceedings against the defendant; and
(b) call on the defendant to plead to the charge
and, if the
defendant does not do so, must enter a plea of not guilty.
(5) If proceedings are resumed against the defendant as mentioned in
subsection (4) , the court may, without regard to any finding as to the
guilt of the defendant, revoke or discharge the treatment order, restriction
order or supervision order made under this Act.
(6) On receipt of a request from the Attorney-General under
subsection (3A)(a) , the appropriate court must
(a) dismiss the proceedings against the defendant; and
(b) revoke or discharge the treatment order, restriction order or supervision
order.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback