Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 35

Variation or revocation of order committing defendant to secure mental health unit
(1)  In this section –
Chief Forensic Psychiatrist means the person appointed as Chief Forensic Psychiatrist under the Mental Health Act 2013 ;
secure mental health unit has the same meaning as in the Mental Health Act 2013 .
(2)  Each of the following persons may apply at any time to the Court for the variation or revocation of an order made under section 34(2) that commits a defendant to a secure mental health unit:
(a) the Director of Public Prosecutions or the prosecutor;
(b) the Secretary of the responsible Department in relation to the Mental Health Act 2013 ;
(c) the Chief Forensic Psychiatrist;
(d) the defendant.
(3)  The Chief Forensic Psychiatrist must apply to the Court for the revocation of an order made under section 34(2) that commits a defendant to a secure mental health unit if the Chief Forensic Psychiatrist is of the opinion that the defendant –
(a) no longer requires care and treatment in a secure mental health unit; or
(b) could no longer benefit from such care and treatment.
(4)  On hearing an application made under subsection (2) or (3) , the Court –
(a) may vary, revoke or confirm the order made under section 34(2) ; and
(b) if it revokes the order made under section 34(2) , may do one or more of the following:
(i) make an order to attend in relation to the defendant;
(ii) release the defendant;
(iii) admit the defendant to bail;
(iv) remand the defendant in custody to a time and day specified by the Court.
(5)  An application made under subsection (2) or (3) is to be heard and determined within 14 days after it is made.



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