New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 80

80 Tribunal to review cases of persons found unfit to be tried

(1) This section applies:

(a) to an accused person who has been found, after an inquiry by a court, to be unfit to be tried for an offence and is ordered to be detained in a hospital or other place, or is granted bail, under section 17 of the Mental Health (Criminal Procedure) Act 1990 , and

(b) to an accused person in respect of whom, after a special hearing by a court, a limiting term has been imposed and who has been ordered (under section 27 of the Mental Health (Criminal Procedure) Act 1990 ) to be detained in a hospital or other place.

(2) The Tribunal must, as soon as practicable after the making of any such order, review the person's case and determine whether, in its opinion:

(a) the person has become fit to be tried for an offence, and

(b) the safety of the person or any member of the public will be seriously endangered by the person's release.

(3) If the Tribunal is of the opinion that a person has become fit to be tried for an offence, it must notify the court that made the finding of unfitness and the Director of Public Prosecutions accordingly.

(4) If the Tribunal is of the opinion that a person has not become fit to be tried for an offence and is satisfied, on the evidence available to it, that the safety of the person or any member of the public will not be seriously endangered by the person's release, the Tribunal must make a recommendation to the Minister for the person's release.

(5) If the Tribunal is of the opinion that a person referred to in subsection (1) (a) has not become fit to be tried for an offence and will not, during the period of 12 months after the finding of unfitness by the court, become fit to be tried for the offence, the Tribunal must notify the court that made the finding of unfitness and the Director of Public Prosecutions accordingly.