Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 157

Admissibility of expert’s report at trial

157 Admissibility of expert’s report at trial

An expert’s report received in evidence by the Mental Health Court on a reference is admissible at the trial of the person for the offence in relation to the reference only for the following purposes—

(a) deciding whether—
(i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or
(ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or
(iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or
(iv) the person should be admitted to an authorised mental health service under a forensic order (Criminal Code);
(b) sentencing the person.



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