116
CurrentDecision about unsoundness of mind and diminished responsibility
Chapter 5Mental Health Court references
Part 3Proceedings for references
116 Decision about unsoundness of mind and diminished responsibility
(1)
On hearing the proceeding for the reference, the Mental Health Court must decide—
(a)
whether the person was of unsound mind when the offence was allegedly committed; and
(b)
if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.
(2)
This section is subject to sections 117 and 117A.
This Act’s bill:Explanatory memorandumSecond reading speech
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