New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 68

68 Effect of finding that offence was committed on other proceedings for the offence

(1) A verdict at a special hearing that on the limited evidence available the defendant committed the offence charged or an offence available as an alternative to the offence charged constitutes a bar to any other criminal proceedings for the same offence or substantially the same offence.

(2) Despite subsection (1), criminal proceedings for the same offence or substantially the same offence may be commenced against a defendant if--

(a) a limiting term has been nominated at the special hearing for the defendant, and

(b) the limiting term has not expired, and

(c) the defendant has not been released from custody as an inmate or discharged from detention as a forensic patient.

(3) Despite subsection (1), criminal proceedings for the same offence or substantially the same offence may be commenced against a defendant if the defendant is subject to an extension order or interim extension order.

(4) A defendant who has been released from custody under a conditional release order or leave order made by the Tribunal is not a person who has been released from custody for the purposes of subsection (2)(c).

(5) A court must, in sentencing a defendant found guilty in ordinary criminal proceedings of the same offence or substantially the same offence, fully take into account periods of the defendant's custody or detention before, during and after the special hearing that related to the offence.