South Australian Current Acts South Australian Current Acts (1) This section
applies in respect of a defendant who has been charged with a summary offence
or a minor indictable offence in relation to which the court has found—
(a) on
an investigation under Division 2—that the objective elements of the
offence are established but the defendant is not guilty of the offence because
the defendant was mentally incompetent to commit the offence; or
(b) on
an investigation under Division 3—that the objective elements of the
offence are established but the defendant is mentally unfit to stand trial for
the offence.
(2) The court
may—
(a)
dismiss the charge and release the defendant unconditionally; or
(b)
declare the defendant to be liable to supervision under
Division 4 Subdivision 2; or
(c) make
an order
(a "Division 3A order") releasing the defendant on licence for the period
(which must not exceed 5 years) specified by the court in the licence; or
(d)
adjourn the proceedings; or
(e)
remand the defendant on bail; or
(f) make
any other order that the court thinks fit.
(3) If a Division
3A order is made releasing the defendant on licence, the licence is subject to
the following conditions:
(a) the
conditions imposed by subsection (4);
(b) any
other condition decided by the court and specified in the licence.
(4) Subject to this
Act, every licence under subsection (2)(c) is subject to the following
conditions:
(a) a
condition prohibiting the defendant from possessing a firearm or ammunition
(both within the meaning of the Firearms Act 2015 ) or any part of a
firearm;
(b) a
condition requiring the defendant to submit to such tests (including testing
without notice) for gunshot residue as may be reasonably required by a person
or body specified by the court.
(5) A court may only
vary or revoke the conditions imposed by subsection (4) if the defendant
satisfies the court, by evidence given on oath, that—
(a)
there are cogent reasons to do so; and
(b) the
possession of a firearm, ammunition or part of a firearm by the defendant does
not represent an undue risk to the safety of the public.
(6) Without limiting
the generality of subsection (3)(b), release on licence under a
Division 3A order may, for example, be subject to—
(a) a
condition that the defendant reside at specified premises; or
(b) a
condition that the defendant be under the care of a responsible person (who
must be specified in the licence); or
(c) a
condition that the defendant undergo assessment or treatment (or both)
relating to the defendant's mental condition; or
(d) a
condition that the defendant be monitored by use of an electronic device
approved under section 4 of the Correctional Services Act 1982 ; or
(e) any
other condition that the court thinks fit.
(7) For the purpose of
assisting a court to determine proceedings under this Division, the court may
require the Crown to provide the court with a report setting out, so far as
reasonably ascertainable, the views of—
(a) the
next of kin of the defendant; and
(b) the
victim (if any) of the defendant's conduct.