New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 101

101 Termination of classification as forensic patient of person found not guilty by reason of mental illness

(1) This section applies:

(a) to a person found, after a special hearing by a court, to be not guilty of an offence by reason of mental illness and ordered (under the Mental Health (Criminal Procedure) Act 1990 ) to be detained in a hospital or other place, and

(b) to a person found, after a trial by a court or on an appeal, to be not guilty by reason of mental illness and ordered:

(i) under section 39 of the Mental Health (Criminal Procedure) Act 1990 , or

(ii) under section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act),

to be detained in a hospital or other place or to be released from custody subject to conditions.

(2) Any such person ceases to be a forensic patient:

(a) on unconditional release by order of the prescribed authority, or

(b) if the person has been released by order of the prescribed authority subject to conditions--on the expiry of any time specified in the conditions as being a time during which those conditions, or any of them, are to be complied with,

whichever first occurs.