Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 124

124 Related orders if person fit for trial

(1) If the Mental Health Court orders that the proceeding against the person for the offence be continued, the court may order that—

(a) either—

(i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or

(ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or

(b) the person be detained in a stated authorised mental health service until the person is—

(i) granted bail under the Bail Act 1980 ; or

(ii) brought before a court for continuing the proceeding.

Note—

An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.

(2) For subsection (1) (b) , an authorised person may transport the person to—

(a) an inpatient unit of the authorised mental health service stated in the order; or

(b) for the continuation of the proceeding against the person for the offence—the court in which the proceeding is being heard.

Note—

For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .

(3) The administrator of the authorised mental health service stated in the order may detain the person in the service under the order.

(4) Also, subsection (5) applies if—

(a) the court has made an order under subsection (1) (b) for the person; and

(b) for continuing the proceeding against the person for the offence, the person appears before the court in which the proceeding is being heard by remote conferencing while remaining at the authorised mental health service stated in the order; and

(c) the court does not grant the person bail under the Bail Act 1980 .

(5) The administrator of the authorised mental health service may detain the person in the service until the person is taken into custody.