New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 18

18 Mentally ill or mentally disordered persons

(1) A Magistrate may make an order under this Division if it appears to the Magistrate that the defendant is a mentally ill person or a mentally disordered person.

(2) A Magistrate may make an order under this Division without affecting any other order the Magistrate may make in relation to the defendant, whether by way of adjournment, the granting of bail in accordance with the Bail Act 2013 or otherwise.

Note : Certain orders by a Magistrate or authorised justice under this Division in relation to an offence are taken to be a decision to dispense with bail for the offence (see section 24).