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This is a Bill, not an Act. For current law, see the Acts databases.
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
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:
This Act may be cited as the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2016.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
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.
(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.
Section 43Y(1), after "or (3)"
insert
or 43XB(a)
Section 43Z(a)
omit
or 43X(2)(a) or (3)
insert
, 43X(2)(a) or (3) or 43XB(a)
This Act expires on the day after it commences.
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