Tasmanian Numbered Acts

CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 (NO. 21 OF 1999)

- Act 21 of 1999
- Royal Assent 14 May 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Application of Act
   5.      Questions of fact
   6.      Special facilities
   7.      Responsible medical officer

   PART 2 - Unfitness to stand trial

   8.      Unfitness to stand trial
   9.      Presumption of fitness to stand trial and standard of proof
   10.     Reservation of question of fitness to stand trial
   11.     Procedure on investigation
   12.     Investigation by Supreme Court into fitness to stand trial
   13.     Finding that defendant is not unfit to stand trial
   14.     Finding that defendant is not fit to stand trial
   15.     Special hearings
   16.     Procedures at special hearings
   17.     Findings at special hearings
   18.     Effect of findings
   19.     When investigation into fitness during trial may be dispensed with
   20.     Same jury to determine all issues

   PART 3 - Defence of Insanity

   21.     Procedure for dealing with persons found not guilty by reason of insanity

   PART 4 - Persons liable to supervision

           Division 1 - Interpretation

   22.     Interpretation: Part 4

           Division 2 - Powers of courts

   23.     Powers of courts where defendant liable to supervision

           Division 3 - Restriction orders

   24.     Powers of Supreme Court to make restriction orders
   25.     Referral of matter of restriction orders to Supreme Court
   26.     Discharge of restriction orders
   27.     Powers of Supreme Court on discharge of restriction orders
   28.     Effect of orders under this Division

           Division 4 - Subsequent trial of person found unfit to stand trial

   29.     Subsequent fitness for trial of person subject to continuing care order or restriction order

           Division 5 - Supervision orders

   30.     Variation or revocation of supervision order
   31.     Cancellation of release under supervision order

           Division 6 - Court procedure

   32.     Expert evidence
   33.     Reports on attitudes of victims and next of kin
   34.     Principle on which courts are to act
   35.     Matters to which courts are to have regard

           Division 7 - Appeals to Court of Criminal Appeal

   36.     Appeals

           Division 8 - Review of restriction orders

   37.     Review of persons detained under restriction orders

   PART 5 - Miscellaneous

   38.     Counsel to have independent discretion
   39.     Power of court to deal with defendant before proceedings completed
   40.     Exclusion of evidence
   41.     Arrest of person escaping from detention or absent without leave
   42.     Persons currently held in custody
   43.     Regulations
   44.     Administration of Act
   45.     Criminal Code amended
   46.     Mental Health Act 1996 amended
   47.     Sentencing Act 1997 amended
           SCHEDULE 1