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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL 2016

Serial 11
Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2016
Ms Fyles






A Bill for an Act to amend the Criminal Code












NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 2016

____________________

Act No. [ ] of 2016

____________________

Table of provisions

43XA Dispensing with special hearing

43XB Effect of finding under section 43XA

bill_text00.jpg
NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2016

____________________

An Act to amend the Criminal Code

[Assented to [ ] 2016]

[Second reading [ ] 2016]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2016.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Criminal Code.

4 Section 43E amended

Section 43E

omit

all words after "(b)"

insert

or (c):

(a) is a question of fact; and

(b) subject to sections 43H and 43XA, is to be determined by a jury on the balance of probabilities.

5 Section 43R amended

(1) Section 43R(3), after "12 months,"

insert

subject to section 43XA,

(2) Section 43R(9)(b), before "hold"

insert

subject to section 43XA,

6 Sections 43XA and 43XB inserted

After section 43X

insert

43XA Dispensing with special hearing

If, at any time before or during a special hearing, the parties to the prosecution of the offence agree that the evidence establishes the defence of mental impairment, the court may accept a plea and record a finding of not guilty of the offence because of mental impairment.

43XB Effect of finding under section 43XA

If the court records a finding under section 43XA, the court must:

(a) declare that the accused person is liable to supervision under Division 5; or

(b) order that the accused person be released unconditionally.

7 Section 43Y amended

Section 43Y(1), after "or (3)"

insert

or 43XB(a)

8 Section 43Z amended

Section 43Z(a)

omit

or 43X(2)(a) or (3)

insert

, 43X(2)(a) or (3) or 43XB(a)

9 Expiry of Act

This Act expires on the day after it commences.

 


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