Mental Health Act 2016

The Mental Health Court decides whether a person charged with a serious offence or other particular offences was of unsound mind or, for the offence of murder, of diminished responsibility, when the offence was allegedly committed or is unfit for trial.

If the court decides a person was of unsound mind when the offence was allegedly committed, or is unfit for trial, the court may make a forensic order or treatment support order for the person.

The forensic order may be a forensic order (mental health) or a forensic order (disability).

The court must also decide the category of the order and, if the category is inpatient, any limited community treatment for the person.

If the court decides a person is unfit for trial and the unfitness for trial is not permanent, the person’s fitness for trial is periodically reviewed by the Mental Health Review Tribunal.