Mental Health Act 2016

This section applies if—

a complaint for a simple offence is to be heard and determined by a Magistrates Court; and

the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence—

is unfit for trial; but

is likely to become fit for trial within 6 months.

The court may adjourn the hearing of the complaint.

However, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172(2).

This section does not limit the court’s power under section 172.