Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 300

Definitions for pt 13

    (1)     In this part:

"ACAT" means the ACAT exercising its jurisdiction under the Mental Health Act 2015

.

"accused", for a person before the Magistrates Court, means the defendant.

"alternative offence", for an offence, means an offence available as an alternative to the offence.

"conduct"—see the Criminal Code

, section 13.

"defendant"—see the Magistrates Court Act 1930

, section 18A.

"engage in conduct"—see the Criminal Code

, section 13.

"forensic mental health order"—see the Mental Health Act 2015

, dictionary.

"mental health order"—see the Mental Health Act 2015

, dictionary.

"serious offence" means—

        (a)     an offence punishable by imprisonment for longer than 1 year if the factual circumstances of the offending involve actual or threatened violence and substantial risk of harm to another person; or

        (b)     an offence against section 27 (3) or (4).

Note     Serious offence is defined differently for div 13.4 (see s 325).

"special hearing" means a hearing conducted in accordance with section 316.

    (2)     To remove any doubt, a reference in this part to the Magistrates Court includes a reference to the Childrens Court.



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