South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269E

269E—Reservation of question of mental competence

        (1)         If, on the trial of a person for an offence—

            (a)         the defendant raises a defence of mental incompetence; or

            (b)         the court decides, on application by the prosecution or on its own initiative, that the defendant's mental competence to commit the offence should be investigated in the interests of the proper administration of justice,

the question of the defendant's mental competence to commit the offence must be separated from the remainder of the trial.

        (2)         The trial judge has a discretion to proceed first with the trial of the objective elements of the offence or with the trial of the mental competence of the defendant.

        (3)         If, at committal proceedings for a charge of an indictable offence, the question of the defendant's mental competence to commit the offence arises, the question must be reserved for consideration by the court of trial.