Criminal Code Act 1899

However, if, on the trial of a person charged with any indictable offence, it is alleged or appears that the person was not of sound mind at the time when the act or omission alleged to constitute the offence occurred, the jury are to be required to find specially, if they find that the person is not guilty, whether the person was of unsound mind at the time when such act or omission took place, and to say whether the person is acquitted by them on account of such unsoundness of mind; and if they find that the person was of unsound mind at the time when such act or omission took place, and say that the person is acquitted by them on account of such unsoundness of mind, the court is required to order the person to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016.

In any such case the Governor, in the name of the Sovereign, may give such order for the safe custody of such person during the Governor’s pleasure, in such place of confinement, and in such manner, as the Governor in Council may think fit. sch 1 pt 8 ch 64 s 647 amd 1984 No. 66 s 59; 2000 No. 16 s 590 sch 1 pt 2; 2016 No. 5 s 871; 2024 No. 6 s 36sch 1