Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 319

Non-acquittal at special hearing—serious offence

    (1)     This section applies if—

        (a)     an accused is charged with a serious offence; and

        (b)     at a special hearing that is a trial—

              (i)     by a single judge without a jury—the judge is satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged); or

              (ii)     by jury—the jury advises the court under section 317 (1).

    (2)     The Supreme Court must—

        (a)     order that the accused be detained in custody for immediate review by the ACAT under the Mental Health Act 2015

, section 180; or

        (b)     if, taking into account the criteria for detention in section 308, it is more appropriate—order that the accused submit to the jurisdiction of the ACAT to allow the ACAT to make a mental health order or a forensic mental health order under the Mental Health Act 2015


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