Tasmanian Consolidated Acts

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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.


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