A person found unfit to plead who receives a non-acquittal finding at a special hearing is not an 'accused person' within the meaning of the Bail Act 1992 (ACT), and the court has no power to grant bail to such a person. This creates a legislative gap where the court wishes to direct the person to submit to ACAT jurisdiction under s 318(2)(b) of the Crimes Act 1900 (ACT). The disposition powers under s 318(2) do not extend to sentencing orders under the Crimes (Sentencing) Act 2005 (ACT), as those require conviction or a finding of guilt. A guardian's role under s 316(2)(b)(ii) is to notify the court of an opinion about the accused's best interests, not to make an election.
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