- Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Summary proceedings
- Part 3 Defence of mental health impairment or cognitive impairment
- 27 Application of Part
- 28 Defence of mental health impairment or cognitive impairment
- 29 Explanation to jury
- 30 Effect of finding of act proven but not criminally responsible because of mental health impairment or cognitive impairment
- 31 Special verdict where defendant and prosecutor agree on impairment
- 32 Special verdict not available for alternative offence
- 33 Effect of special verdict
- 34 Referral of defendant to Tribunal
- Part 4 Fitness to stand trial
- Division 1 Preliminary
- Division 2 Procedure when question of unfitness to be tried raised
- 40 Procedure where question of unfitness raised before arraignment
- 41 Procedure where question of unfitness raised after arraignment
- 42 When an inquiry is required or may not be held
- 43 Actions pending inquiry
- 44 Inquiry procedures
- 45 Presumptions as to findings about unfitness
- 46 Finding after inquiry that defendant is fit to be tried
- 47 Finding after inquiry that defendant is unfit to be tried
- 48 Finding after inquiry that defendant will not become fit to be tried within 12 months
- 49 Tribunal review and court orders after finding that defendant may be fit to be tried within 12 months
- 50 Finding by Tribunal that defendant is fit to be tried
- 51 Finding by Tribunal that defendant will not become fit to be tried within 12 months
- 52 Committal proceedings following finding of fit to be tried
- 53 Advice as to whether further proceedings are to be taken
- Division 3 Special hearings
- 54 Nature of special hearings
- 55 When special hearings are held
- 56 Procedure for special hearings
- 57 Amendment of indictment
- 58 Juries at special hearings
- 59 Verdicts at special hearings
- 60 Verdict of not guilty
- 61 Special verdict of act proven but not criminally responsible because of mental health impairment or cognitive impairment
- 62 Verdict of offence committed on limited evidence available
- 63 Penalties after finding of guilt
- 64 Commencement of limiting terms
- 65 Referral to Tribunal after limiting term imposed
- 66 Reports about defendant
- 67 Referral of defendant to Tribunal following special verdict
- 68 Effect of finding that offence was committed on other proceedings for the offence
- Part 5 Forensic patients and correctional patients
- Division 1 General principles and concepts
- Division 2 General provisions relating to reviews by Tribunal
- Division 3 Reviews of forensic patients by Tribunal
- 78 Mandatory reviews of forensic patients
- 79 Tribunal may review patient at any time
- 80 Reviews of persons found unfit to be tried for an offence
- 81 Orders that may be made on reviews generally
- 82 Orders for transfer of forensic patients
- 83 Orders for release of forensic patients
- 84 Matters that Tribunal must consider when determining whether to release a forensic patient
- 85 Conditions that may be imposed by Tribunal on release of forensic patients
- Division 4 Transfer of correctional patients, forensic patients and other persons in custody
- 86 Transfer from correctional centre or detention centre by Secretary
- 87 Transfer back to correctional centre or detention centre
- 88 Requests for transfer to correctional centre or detention centre
- 89 Reviews by Tribunal of persons awaiting transfer to mental health facility
- 90 Reviews of patients transferred under this Division
- Division 5 Reviews of correctional patients
- Division 6 Leave of absence
- 94 Tribunal may grant leave for forensic patients
- 95 Commissioner of Corrective Services may grant leave for correctional patients
- 96 Leave for forensic patients and correctional patients in emergencies or special circumstances
- 97 Appeals against decisions of Secretary
- 98 Grants of leave do not affect sentences or limiting terms
- Division 7 Community treatment orders
- Division 8 Termination of status as patient and other status changes
- 101 Termination of status as forensic patient
- 102 Effect of unlawful absence on limiting term
- 103 Extension of status as forensic patient
- 104 Termination of status as correctional patient
- 105 Classification of patients as involuntary patients
- 106 Limits on classification of forensic patients
- 107 Release from detention on ceasing to be a forensic patient or correctional patient
- 108 Person who ceases to be forensic patient or correctional patient may become voluntary patient
- Division 9 Enforcement
- 109 Breach of orders for release
- 110 Execution of apprehension orders
- 111 Apprehension of persons not permitted to be absent from mental health facility
- 112 Apprehended person may seek reconsideration by Tribunal
- 113 Aiding or permitting escape
- 114 Issue of warrants for apprehension of persons outside State and other persons
- Division 10 Miscellaneous
- 115 Transfer and transport of patients
- 116 Effect of detention in mental health facility on sentence and parole
- 117 Security conditions for patients
- 118 Planning for release and leave
- 119 Retaking of escapees
- 120 Forensic patients and correctional patients in the community may be detained and treated under Mental Health Act 2007
- Part 6 Extension of status as forensic patient
- Part 7 Tribunal proceedings
- Part 8 Victims Register
- Part 9 Miscellaneous
- 158 Notification of expiry of limiting term or extension order
- 159 Duties of certain agencies
- 160 Tribunal to be notified if charges dismissed or proceedings end
- 161 Exchange of information
- 162 Functions of Commissioner of Corrective Services and Secretary of Department of Communities and Justice
- 163 Proceedings for offences
- 164 Delegation
- 165 Orders for transfer of forensic patients
- 166 Regulations
- 167 (Repealed)
- Schedule 1 Medical certificate as to examination of inmate
- Schedule 2 Savings, transitional and other provisions
- Schedule 3 (Repealed)
- Historical notes
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
Current
version
for 19 February 2024
to date
(accessed 21 May 2024 at 06:26)
Status information
Currency of version
Current
version
for 19 February 2024
to date
(accessed 21 May 2024 at 06:26)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Responsible Minister
Parts 5 and 7, the Minister for Health, jointly with the Minister for Regional Health and the Minister for Mental Health; Part 9, the Minister for Health, jointly with the Minister for Regional Health, the Minister for Mental Health and the Attorney General; remainder, Attorney General
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.