Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

 View history note

Division 7 - Acquittal because of mental illness  

SECTION 20BK   Review by Attorney-General  

(1)    
Where, under subsection 20BJ(1) , a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the initial consideration ) whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.

(2)    
In considering whether a person should be released from custody the Attorney-General:


(a) must obtain and consider:


(i) a report from a duly qualified psychiatrist or psychologist; and

(ii) a report from another duly qualified medical practitioner; and


(b) may obtain and consider such other reports as the Attorney-General considers necessary; and


(c) must take into account any representations made to the Attorney-General by the person or on the person's behalf.

 

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