Definitions for pt 13
300 Definitions for pt 13
In this part:
ACAT means the ACAT exercising its jurisdiction under the Mental Health Act 2015.
accused, for a person before the Magistrates Court, means the defendant.
alternative offence, for an offence, means an offence available as an alternative to the offence.
conduct—see the Criminal Code, section 13.
defendant—see the Magistrates Court Act 1930, section 18A.
engage in conduct—see the Criminal Code, section 13.
forensic mental health order—see the Mental Health Act 2015, dictionary.
mental health order—see the Mental Health Act 2015, dictionary.
serious offence means—
an offence punishable by imprisonment for longer than 1 year if the factual circumstances of the offending involve actual or threatened violence and substantial risk of harm to another person; or
an offence against section 27 (3) or (4).
Serious offence is defined differently for div 13.4 (see s 325).
special hearing means a hearing conducted in accordance with section 316.
To remove any doubt, a reference in this part to the Magistrates Court includes a reference to the Childrens Court.
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