Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 492

492 Effect of discontinuing proceeding

(1) This section applies if the proceeding against the person for the relevant offence is discontinued—

(a) by the director of public prosecutions under section 490 ; or

(b) under section 491 .

(2) The director of public prosecutions must, within 7 days after the proceeding is discontinued, give each of the following persons written notice of the discontinuance of the proceeding—

(a) the person;

(b) the registrar of the court in which the proceeding for the relevant offence was being conducted;

(c) if the director of public prosecutions was not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence;

(d) the tribunal;

(e) if an authorised mental health service is responsible for the person—the chief psychiatrist;

(f) if the forensic disability service is responsible for the person—the director of forensic disability;

(g) the Attorney-General.

(3) The person can not be prosecuted again for the relevant offence.

(4) Despite the discontinuance of the proceeding, the forensic order or treatment support order to which the person is subject continues in force.

Note—

If the proceeding against the person for the offence is discontinued other than under section 490 or 491 , the order to which the person is subject ends. See section 154 .