Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 8 - Summary disposition of persons suffering from mental illness or intellectual disability  

SECTION 20BQ   Person suffering from mental illness or intellectual disability  

(1)    
Where, in proceedings in a State or Territory before a court of summary jurisdiction in respect of a federal offence, it appears to the court:

(a) that the person charged is suffering from a mental illness within the meaning of the civil law of the State or Territory or is suffering from an intellectual disability; and

(b) that, on an outline of the facts alleged in the proceedings, or such other evidence as the court considers relevant, it would be more appropriate to deal with the person under this Division than otherwise in accordance with law;

the court may, by order:

(c) dismiss the charge and discharge the person:

(i) into the care of a responsible person, unconditionally, or subject to conditions, for a specified period that does not exceed 3 years; or

(ii) on condition that the person attend on another person, or at a place, specified by the court for an assessment of the first-mentioned person's mental condition, or for treatment, or both, but so that the total period for which the person is required to attend on that other person or at that place does not exceed 3 years; or

(iii) unconditionally; or

(d) do one or more of the following:

(i) adjourn the proceedings;

(ii) remand the person on bail;

(iii) make any other order that the court considers appropriate.

(2)    
Where a court makes an order under paragraph (1)(c) in respect of a person and a federal offence with which the person has been charged, the order acts as a stay against any proceedings, or any further proceedings, against the person in respect of the offence.

(3)    
Where a court makes an order under subsection (1) in respect of a person and a federal offence with which the person has been charged, the court must not make an order under section 19B , 20 , 20AB (other than an order covered by subparagraph 20AB(1AA)(a)(viia) ) or 21B in respect of the person in respect of the offence.