New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 53

53 Advice as to whether further proceedings are to be taken

(1) This section applies if--

(a) the court determines that a defendant will not, during the period of 12 months after a finding by a court that the person is unfit to be tried for an offence, become fit to be tried for an offence, or

(b) the Tribunal determines that a defendant has not become fit to be tried for an offence and will not become fit to be tried for an offence during the period of 12 months after a finding by a court that the person is unfit to be tried for an offence, or

(c) the Tribunal determines that a defendant or a forensic patient has become fit to be tried for an offence after a finding by a court that the person is unfit to be tried for an offence or a special hearing has been held for an offence.

(2) The court must obtain advice from the Director of Public Prosecutions as to whether or not further proceedings will be taken by the Director in respect of the offence.

(3) The court must order the release of the defendant if the Director of Public Prosecutions advises that further proceedings will not be taken by the Director in respect of the offence.

Note : This does not prevent the admission of the defendant as a voluntary or an involuntary patient under the Mental Health Act 2007 .

(4) The Director of Public Prosecutions must notify the Minister for Police and Emergency Services and the Minister for Health of a decision by the Director that no further proceedings will be taken by the Director in respect of the offences.