New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 104

Termination of classification as forensic patient of person who becomes fit to be tried for an offence

104 Termination of classification as forensic patient of person who becomes fit to be tried for an offence

A person in respect of whom, after a finding that the person is unfit to be tried for an offence, the Tribunal has notified the court that made the finding and the Director of Public Prosecutions that it is of the opinion that the person has become fit to be tried for an offence (whether or not a special hearing has been conducted under section 19 of the Mental Health (Criminal Procedure) Act 1990 in respect of the offence) ceases to be a forensic patient:

(a) on a finding, at a further inquiry by a court as to the person's unfitness, that the person is fit to be tried for the offence, or
(b) if the Director of Public Prosecutions advises the Minister that the person will not be further proceeded against in respect of the offence--on the person's release from detention pursuant to section 29 of the Mental Health (Criminal Procedure) Act 1990 ,
whichever first occurs.



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