Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 616

616 Suspension of proceedings

(1) This section applies if any of the following happens—

(a) 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 .

(b) 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;

(c) a person’s mental state in relation to an offence is referred to the Mental Health Court under section 101 , 110 , 175 or 183 .

(2) A proceeding against a person mentioned in subsection (1) (a) for the offence is suspended.

(3) 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.

(4) A proceeding against a person mentioned in subsection (1) (c) for the offence to which the reference relates is suspended.

(5) 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.