Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 181

181 Application of div 1

(1) This division applies if—

(a) a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and

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

(i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or

(ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or

(iii) is unfit for trial.

(2) In this section—

"relevant proceeding" , for a person charged with an indictable offence, means—

(a) if the person pleads guilty to the charge at the person’s trial—the person’s trial; or

(b) if the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence.