Northern Territory Explanatory Statements

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CRIMINAL CODE AMENDMENT (EXPERT PSYCHIATRIC OR MEDICAL EVIDENCE) BILL 2013

GENERAL OUTLINE

The purpose of the Bill is to amend the Criminal Code to empower a court, upon application of the prosecution and at the court’s discretion,

to require an accused person to submit to a psychiatric or other medical examination where a criminal defence based on a medical condition is raised by a defendant.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill.

The Bill when passed may be cited as the Criminal Code Amendment (Expert Psychiatric or Medical Evidence) Act 2013.

Clause 2. Commencement

This Act will commence on a day fixed by the Administrator by Gazette notice.

Clause 3. Criminal Code amended

This Act will amend the Criminal Code.

Clause 4. Section 331B inserted

This clause inserts section 331B into the Criminal Code. Section 331B contains the following provisions:

· section 331B(1) provides that the section applies where a person, being tried for an offence upon indictment and regardless of whether they have given notice under section 331A, intends to adduce expert psychiatric or medical evidence relating to a state of mind, or medical condition, that may have existed at the time of the alleged offence;
· section 331B(2) provides that the court may, on application of the prosecution, require the accused to submit to an examination by an expert nominated by the prosecution and approved by the court;
· section 331B(3) states that the prosecution must pay the costs of any such examination;
· section 331B(4) provides that the court may, on application of the prosecution or defence (the applicant), allow the expert to be called by the applicant to give evidence in chief relating to any opinions or findings made as a result of the examination;
· section 331B(5) states that if the accused refuses to be examined, the prosecution may cross examine the accused (if they give evidence) and any expert called by the accused as to the possible reasons being the refusal and the court or prosecution may comment on this matter to the jury. However, the court or prosecution cannot suggest that, as a result of the refusal, the accused is therefore guilty of the crime; and
· section 331B(6) states that the section does not affect the operation of Part IIA of the Criminal Code.

Clause 5. Part XI, Division 5 inserted

This clause inserts section 448 into the Criminal Code. Section 448 is the transitional provision for this Bill and states that section 331B applies to any offence where the accused is committed for trial after commencement of the Criminal Code Amendment (Expert Psychiatric or Medical Evidence) Act 2013.

Committed for trial means the date at which a person is directed, by a Justice, to stand trial upon indictment in the Supreme Court.

Clause 6. Expiry of Act

This clause states that this Act expires the day after it commences.

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