Suspension of proceedings
616 Suspension of proceedings
This section applies if any of the following happens—
a person charged with an offence, other than an offence against a law of the Commonwealth, becomes a classified patient;
Note—
A person becomes a classified patient if the person is transported to, or remains in, an inpatient unit of an authorised mental health service under chapter 3, part 2 or 3.
the chief psychiatrist gives a direction under section 91 or 93 for a psychiatrist report to be prepared about a person in relation to a charge of a serious offence or an associated offence;
a person’s mental state in relation to an offence is referred to the Mental Health Court under section 101, 110, 175 or 183.
A proceeding against a person mentioned in subsection (1)(a) for the offence is suspended.
A proceeding against a person mentioned in subsection (1)(b) for the serious offence or associated offence to which the chief psychiatrist’s direction relates is suspended.
A proceeding against a person mentioned in subsection (1)(c) for the offence to which the reference relates is suspended.
If more than 1 of the events happens in relation to a proceeding against a person, the proceeding is suspended on and from the happening of the earliest of the events.
This Act’s bill:Explanatory memorandumSecond reading speech
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