Government of Western Australia Country Resources Mental Health Legislation, Regulations and Implementation Guides Australia, Western Australia 1 November 2009 Legislation/regulation

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CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Application to all courts exercising criminal
jurisdiction 3
Part 2 — General provisions about
mentally ill accused
5. Accused refused bail may be detained in
authorised hospital 4
6. Relationship to Mental Health Act 1996 5
7. Reports to include report of treatment given 5
Part 3 — Mental unfitness to stand
trial
Division 1 — General
8. Terms used 7
9. Mental unfitness to stand trial, definition 7
10. Presumptions as to mental fitness to stand trial 8
11. When the question of mental fitness may be raised 8
Criminal Law (Mentally Impaired Accused) Act 1996
Contents
page ii Version 03-b0-01 As at 01 Nov 2009
Extract from www.slp.wa.gov.au, see that website for further information
12. Deciding the question of mental fitness 9
13. Raising and deciding the question whether an
accused has become mentally fit 9
14. Adjournments, courts’ powers on 10
Division 2 — Proceedings in courts of summary
jurisdiction
15. Application 10
16. Procedure for offences triable summarily 10
17. Procedure for indictable offences 12
Division 3 — Proceedings in the Supreme Court
and District Court
18. Application 12
19. Procedure 12
Part 4 — Accused acquitted on
account of unsoundness of mind
20. Powers of courts of summary jurisdiction 15
21. Powers of superior courts 15
22. Orders that may be made by courts 15
Part 5 — Mentally impaired accused
Division 1 — Preliminary
23. Terms used 17
Division 2 — Place of custody
24. General effect of custody order 17
25. Place of custody to be determined within 5 days of
order 18
26. Place of custody may be changed 19
Division 3 — Leave of absence
27. Governor may permit Board to allow leave of
absence 19
28. If allowed, Board may grant leave of absence 20
29. Board may cancel leave of absence 21
30. Status of mentally impaired accused on leave of
absence 21
31. Absence without leave 21
32. Other Acts do not apply 22
Criminal Law (Mentally Impaired Accused) Act 1996
Contents
As at 01 Nov 2009 Version 03-b0-01 page iii
Extract from www.slp.wa.gov.au, see that website for further information
Division 4 — Reports about mentally impaired
accused
33. Reports to Minister 22
34. Reports to be given to accused, Police and DPP 24
Division 5 — Releasing mentally impaired
accused
35. Governor may release mentally impaired accused 25
36. Order to be given to accused, Police and DPP 26
37. Breach of conditions of release 26
Division 6 — Miscellaneous
38. When discharge occurs 26
39. Released mentally impaired accused may be made
involuntary patient 27
40. Board may require examination etc. 27
Part 6 — Mentally Impaired
Accused Review Board
41. Board established 28
42. Members 28
42A. Meetings 29
43. Registrar and staff 29
44. Functions 29
45. Supervising officers 29
46. Decisions, orders and warrants 30
47. Judicial notice of appointment and signature 31
48. Annual report to Minister 31
Part 7 — Miscellaneous
49. Issue and execution of warrants 32
50. Regulations 32
Schedule 1 — Ofences for which a
custody order must be made
Notes
Compilation table 36
Defined Terms

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