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MENTAL HEALTH ACT 2016 - SECT 830
Discontinuing proceeding for offence following review of fitness for trial
830 Discontinuing proceeding for offence following review of fitness for trial
(1) This section applies if— (a) before the commencement on a reference
under the repealed Act the Mental Health Court decided a person was unfit for
trial and the unfitness for trial was not of a permanent nature; and
(b) the
proceeding against the person for the offence was not discontinued or the
person had not been found fit for trial.
(2) For a review of the person’s
fitness for trial under the new Act, if the tribunal decides the person is
unfit for trial, chapter 12, part 6, division 2, applies as if— (a) the
decision of Mental Health Court mentioned in subsection (1)(a) were the
finding of unfitness in relation to the person; and
(b) a period mentioned in
the repealed Act, section 215(3)(a) or (b) were a period that must be
disregarded under the new Act, section 491(3).
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