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MENTAL HEALTH ACT 2016 - SECT 116
Decision about unsoundness of mind and diminished responsibility
116 Decision about unsoundness of mind and diminished responsibility
(1) On
hearing the proceeding for the reference, the Mental Health Court must
decide— (a) whether the person was of unsound mind when the offence was
allegedly committed; and
(b) if the person is alleged to have committed the
offence of murder and the court decides the person was not of unsound mind
when the offence was allegedly committed—whether the person was of
diminished responsibility when the offence was allegedly committed.
(2) This
section is subject to sections 117 and 117A .
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