Criminal Code Act 1983

(1) If an accused person is found not guilty of the offence charged, the court must discharge the accused person.

(2) If an accused person is found not guilty because of mental impairment, the court must:

(a) declare that the accused person is liable to supervision under Division 5; or

(3) If the court makes a declaration under subsection (2)(a), the court may also make the interim orders it considers just, including one or more of the following orders:

(b) an order that the accused person be remanded in custody (whether in a custodial correctional facility or another place the court considers appropriate);

(c) an order for the examination of the accused person by a psychiatrist or other appropriate expert;

(d) if the court makes an order referred to in paragraph (c) – an order that a report of the results of the examination be produced before the court.

(3A) The court must not make an interim order under subsection (3)(b) remanding the accused person in custody in a custodial correctional facility unless the court is satisfied there is no practical alternative given the circumstances of the accused person.

(4) If an accused person is found guilty of the offence charged or an offence that he or she may be found guilty alternatively of, the court must record the jury's verdict and proceed to deal with the conviction and sentencing of the accused person in the normal way.

Division 3 Unfitness to stand trial