Supreme Court orders following special verdict of not guilty because of mental impairment—non-serious offence
323 Supreme Court orders following special verdict of not guilty because of mental impairment—non-serious offence
If an accused has been charged with an indictable offence other than a serious offence and a special verdict of not guilty because of mental impairment is returned or entered, the Supreme Court may—
make an order requiring the accused to submit to the jurisdiction of the ACAT to enable the ACAT to make recommendations as to how he or she should be dealt with; or
make any other orders it considers appropriate.
If—
the Supreme Court makes an order under subsection (1) (a); and
the ACAT notifies the court of its recommendations;
the court shall, in consideration of the ACAT’s recommendations, make any further orders it considers appropriate.
The Supreme Court may make the orders that it considers appropriate, including—
that the accused be detained in custody for immediate review by the ACAT under the Mental Health Act 2015, section 180; or
that the accused submit to the jurisdiction of the ACAT to allow the ACAT to make a mental health order or a forensic mental health order under the Mental Health Act 2015.
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