Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 173

173 Power to adjourn hearing of complaint—temporary unfitness for trial

(1) This section applies if—

(a) a complaint for a simple offence is to be heard and determined by a Magistrates Court; and

(b) the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence—

(i) is unfit for trial; but

(ii) is likely to become fit for trial within 6 months.

(2) The court may adjourn the hearing of the complaint.

(3) However, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172 (2) .

(4) This section does not limit the court’s power under section 172 .