Criminal Law (Mentally Impaired Accused) Act 1996 (WA)
Western Australia
This Act was repealed by the
Western Australia
Western Australia
Criminal Law (Mentally Impaired Accused) Act 1996This Act may be cited as the
This Act comes into operation on the same day as the
In this Act, unless the contrary intention appears —
This Act applies in respect of any accused before any court exercising criminal jurisdiction.
The
(1) This section applies if under the
Bail Act 1982 a judicial officer refuses to grant bail to an accused.(2) The judicial officer may make a hospital order in respect of the accused if the officer reasonably suspects —
(a) that the accused has a mental illness for which the accused is in need of treatment; and
(b) that, because of the mental illness, there is —
(i) a significant risk to the health or safety of the accused or to the safety of another person; or
(ii) a significant risk of serious harm to the accused or to another person;
and
(c) that the accused does not have the capacity to consent to treatment.
(3) A hospital order is an order that the accused is to be taken to and detained in an authorised hospital and examined by a psychiatrist and —
(a) if he or she is made an involuntary inpatient, detained in an authorised hospital; or
(b) in any other case kept in custody,
until a date set by the judicial officer that is not more than 7 days after the date on which the order was made at which time the accused is to be brought before the court stated in the order.
(4) Subject to this section, a hospital order has effect as if the accused had been referred under the
Mental Health Act 2014 section 26(2) for an examination by a psychiatrist at an authorised hospital and that Act applies accordingly.(5) A hospital order is not to be made if the accused is an involuntary inpatient.
(1) Unless the contrary intention appears, the fact that under the
Mental Health Act 2014 a person is made an involuntary patient or is detained as an involuntary patient does not affect the operation of this Act or the operation of the criminal law in respect of the person.(2) If at any time while an accused is remanded in custody the accused under the
Mental Health Act 2014 —(a) becomes an involuntary patient; and
(b) is detained in an authorised hospital,
the accused is to be detained in the hospital subject to that Act; but if the accused is released from that detention while remanded in custody under this Act, the person is to be kept in custody in accordance with the remand warrant.
Whenever under this Act a person is required to make an assessment of or report on the mental state of an accused the person is to include a report of —
(a) the nature of any treatment given to the person; and
(b) the reasons for the treatment; and
(c) the person’s response to it.
In this Part, unless the contrary intention appears —
(a) proceedings in relation to bail; and
(b) sentencing proceedings.
An accused is not mentally fit to stand trial for an offence if the accused, because of mental impairment, is —
(a) unable to understand the nature of the charge; or
(b) unable to understand the requirement to plead to the charge or the effect of a plea; or
(c) unable to understand the purpose of a trial; or
(d) unable to understand or exercise the right to challenge jurors; or
(e) unable to follow the course of the trial; or
(f) unable to understand the substantial effect of evidence presented by the prosecution in the trial; or
(g) unable to properly defend the charge.
(1) An accused is presumed to be mentally fit to stand trial until the contrary is found under this Part.
(2) An accused found under this Part to be not mentally fit to stand trial is presumed to remain not mentally fit until the contrary is found under this Part.
(1) The question of whether an accused is not mentally fit to stand trial may be raised —
(a) in a court of summary jurisdiction, at any time before or during the trial of the accused;
(b) in the Supreme Court or the District Court, at any time —
(i) before an indictment is presented to the court against an accused committed to the court for trial; or
(ii) after an indictment is presented to the court against an accused and before a jury is sworn; or
(iii) at any time after a jury is sworn and during the trial of the accused.
(2) The question of whether an accused is not mentally fit to stand trial may be raised by the prosecution or the defence or the presiding judicial officer on his or her own initiative.
(3) This Part does not prevent the question of whether an accused is not mentally fit to stand trial being raised more than once in a trial.
(1) The question of whether an accused is not mentally fit to stand trial is to be decided by the presiding judicial officer on the balance of probabilities after inquiring into the question and informing himself or herself in any way the judicial officer thinks fit.
(2) For the purpose of the inquiry the judicial officer may —
(a) order the accused to be examined by a psychiatrist or other appropriate expert;
(b) order a report by a psychiatrist or other appropriate expert about the accused to be submitted to the court;
(c) adjourn the proceedings and, if there is a jury, discharge it;
(d) make any other order the judicial officer thinks fit.
(3) The judicial officer may make a report about the accused available to the prosecutor and to the accused, on such conditions as the officer thinks fit.
(4) The prosecution or an accused may appeal against a judicial officer’s decision that the accused is not mentally fit to stand trial.
Sections 11 and 12, with any necessary changes, apply to the question of whether an accused found to be not mentally fit to stand trial has become mentally fit to stand trial.
If any proceedings are adjourned under this Part, the judicial officer may grant the accused bail, or remand the accused in custody, or make a hospital order under section 5.
This Division applies if an accused before a court of summary jurisdiction is found to be not mentally fit to stand trial.
(1) This section applies if the accused —
(a) is charged with a simple offence; or
(b) is charged with an indictable offence that can be tried summarily and that is to be tried by the court of summary jurisdiction.
(2) If the court that decides that the accused is not mentally fit to stand trial —
(a) is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the accused is not mentally fit, the court must make an order under subsection (5); or
(b) is not so satisfied, the court must adjourn the proceedings in order to see whether the accused will become mentally fit to stand trial.
(3) Proceedings may be adjourned under subsection (2)(b) for any period or periods the court thinks fit but the proceedings must not be adjourned for longer than a total period of 6 months after the finding that the accused is not mentally fit to stand trial.
(4) If proceedings are adjourned under subsection (2)(b), the court must make an order under subsection (5) —
(a) if at any time the court is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the accused is not mentally fit; or
(b) if at the end of 6 months after the finding that the accused is not mentally fit to stand trial the accused has not become mentally fit.
(5) An order under this subsection is an order dismissing the charge without deciding the guilt or otherwise of the accused and either —
(a) releasing the accused; or
(b) subject to subsection (6), making a custody order in respect of the accused.
(6) A custody order must not be made in respect of an accused unless the statutory penalty for the alleged offence is or includes imprisonment and the court is satisfied that a custody order is appropriate having regard to —
(a) the strength of the evidence against the accused; and
(b) the nature of the alleged offence and the alleged circumstances of its commission; and
(c) the accused’s character, antecedents, age, health and mental condition; and
(d) the public interest.
(7) The court may require a prosecutor to provide copies of documents relevant to the factors to be considered under subsection (6).
(8) If an order is made under subsection (5), the accused cannot again be charged with or tried for the offence.
(1) This section applies if the accused is charged with an indictable offence —
(a) that must be dealt with on indictment; or
(b) that, under section 5 of
The Criminal Code or under another written law, the magistrate decides is to be dealt with on indictment.
(1a) This section also applies if the accused is charged before the Children’s Court with an indictable offence and has elected to be tried by a judge of the Supreme Court or of the District Court (as the case may be) and a jury.
(2) Despite the fact that the accused is mentally unfit to stand trial, the procedure in Part 3 Division 4 of the
Criminal Procedure Act 2004 is to be followed and the accused, while not mentally fit, is presumed to plead not guilty to the charge.
This Division applies if an accused before the Supreme Court or the District Court is found to be not mentally fit to stand trial.
(1) If the judge who decides that the accused is not mentally fit to stand trial —
(a) is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the accused is not mentally fit, the judge must make an order under subsection (4); or
(b) is not so satisfied, the judge must adjourn the proceedings in order to see whether the accused will become mentally fit to stand trial.
(2) Proceedings may be adjourned under subsection (1)(b) for any period or periods a judge thinks fit but the proceedings must not be adjourned for longer than a total period of 6 months after the finding that the accused is not mentally fit to stand trial.
(3) If proceedings are adjourned under subsection (1)(b), a judge must make an order under subsection (4) —
(a) if at any time the judge is satisfied that the accused will not become mentally fit to stand trial within 6 months after the finding that the accused is not mentally fit; or
(b) if at the end of 6 months after the finding that the accused is not mentally fit to stand trial the accused has not become mentally fit.
(4) An order under this subsection is an order quashing the indictment or, if there is no indictment, dismissing the charge and quashing the committal, without deciding the guilt or otherwise of the accused and either —
(a) releasing the accused; or
(b) subject to subsection (5), making a custody order in respect of the accused.
(5) A custody order must not be made in respect of an accused unless the statutory penalty for the alleged offence is or includes imprisonment and the judge is satisfied that a custody order is appropriate having regard to —
(a) the strength of the evidence against the accused; and
(b) the nature of the alleged offence and the alleged circumstances of its commission; and
(c) the accused’s character, antecedents, age, health and mental condition; and
(d) the public interest.
(6) A judge may require a prosecutor to provide copies of documents relevant to the factors to be considered under subsection (5).
(7) If an order is made under subsection (4), the accused may be indicted or again indicted and tried for the offence.
If a court of summary jurisdiction finds an accused not guilty of an offence on account of unsoundness of mind the court may make an order under section 22 in respect of the accused.
If an accused is acquitted by a superior court or on appeal of an offence on account of unsoundness of mind, the court —
(a) if the offence is a Schedule 1 offence — must make a custody order in respect of the accused;
(b) if the offence is not a Schedule 1 offence — may make an order under section 22 in respect of the accused.
(1) If a court may make an order under this section in respect of an accused, it may —
(a) release the accused unconditionally if it considers that it is just to do so having regard to —
(i) the nature of the offence and the circumstances of its commission; and
(ii) the accused’s character, antecedents, age, health and mental condition; and
(iii) the public interest;
or
(b) despite the fact that the accused is not an offender under the
Sentencing Act 1995 , make a conditional release order (CRO), a community based order (CBO), or an intensive supervision order (ISO) under that Act in respect of the accused; or(c) make a custody order in respect of the accused.
(2) If an accused is found not guilty of an offence on account of unsoundness of mind, a court must not make a CRO, CBO or ISO in respect of the accused unless, under the
Sentencing Act 1995 , such an order could have been made in respect of the accused had he or she been found guilty of the offence.(3) If a court makes a CRO, CBO or ISO in respect of an accused —
(a) Part 7, 9 or 10 of the
Sentencing Act 1995 , as the case requires, applies in respect of the order; and(b) Part 18 of the
Sentencing Act 1995 applies in respect of the order, but for the purposes of —(i) sections 127(2)(b) of that Act; and
(ii) section 130(1)(a)(iii) and (b) of that Act; and
(iii) section 133(1)(a)(iii) and (b) of that Act,
if the court cancels the CRO, CBO or ISO the court must make a custody order in respect of the accused.
In this Part, unless the contrary intention appears —
(1) A mentally impaired accused is to be detained in an authorised hospital, a declared place, a detention centre or a prison, as determined by the Board, until released by an order of the Governor.
(2) A mentally impaired accused is not to be detained in an authorised hospital unless the accused has a mental illness that is capable of being treated.
(3) A mentally impaired accused should be detained in an authorised hospital only if the Board is satisfied —
(a) the accused has a mental illness requiring treatment; and
(b) that, because of the mental illness, there is —
(i) a significant risk to the health or safety of the accused or to the safety of another person; or
(ii) a significant risk of serious harm to the accused or to another person;
and
(c) the accused does not have the capacity to consent to treatment; and
(d) the treatment can only be provided satisfactorily in an authorised hospital.
(4) Subsection (3) is a directory provision.
(5A) A mentally impaired accused is not to be detained in a declared place that is established by the Disability Services Commission under the
Disability Services Act 1993 (aDSC declared place ) unless the Board —(a) is satisfied that the accused is a person with disability as defined in the
Disability Services Act 1993 section 3 and the predominant reason for the disability is not mental illness; and(b) is satisfied that the accused has reached 16 years of age; and
(c) has regard to the degree of risk that the accused’s detention in the declared place appears to present to the personal safety of people in the community or of any individual in the community.
(5B) The Board may determine that a mentally impaired accused be detained in a DSC declared place only if the member referred to in section 42(1)(bb) is present at the meeting at which the custody order is made.
(5C) Despite subsection (1), even if the Board determines that a mentally impaired accused should be detained in a DSC declared place, the accused is not to be detained in a DSC declared place without the consent of the Minister to whom the
Disability Services Act 1993 is for the time being committed.(5) A mentally impaired accused is not to be detained in a detention centre unless the accused is under 18.
(1) Within 5 working days after the custody order in respect of a mentally impaired accused is made, the Board is to —
(a) review the case of the accused; and
(b) subject to section 24, determine the place where the accused is to be detained.
(2) Until the Board determines the place where the accused is to be detained, the accused is to be detained —
(a) if when the custody order is made the accused is in an authorised hospital having been admitted, whether as an involuntary inpatient or otherwise — in an authorised hospital;
(b) in any other case — in a prison or a detention centre.
(3) Where subsection (2)(a) applies the accused —
(a) if admitted to the authorised hospital as an involuntary inpatient — is not entitled to be released from the hospital under the
Mental Health Act 2014 Part 7 Division 4 or to be granted leave of absence under Part 7 Division 6 of that Act; or(b) if admitted to the authorised hospital in any other circumstances — is not entitled to be released from the hospital.
The Board may at any time amend its determination as to the place where a mentally impaired accused is to be detained.
(1) The Board may at any time recommend to the Minister that the Governor be advised to make an order allowing the Board to grant leave of absence to a mentally impaired accused.
(2) The Governor may at any time —
(a) make an order allowing the Board to grant leave of absence to a mentally impaired accused;
(b) cancel an order made under paragraph (a).
(1) If an order under section 27(2) is in effect, the Board may at any time make a leave of absence order in respect of a mentally impaired accused.
(2) A leave of absence order is an order that the accused be given leave of absence for a period, not exceeding 14 days at any one time, determined by the Board —
(a) unconditionally; or
(b) on conditions determined by the Board.
(3) Before making a leave of absence order, the Board is to have regard to —
(a) the degree of risk that the release of the accused appears to present to the personal safety of people in the community or of any individual in the community; and
(b) the likelihood that, if given leave of absence on conditions, the accused would comply with the conditions.
(4) Without limiting the kinds of conditions that may be included in a leave of absence order, the order may include a condition that the mentally impaired accused —
(a) undergoes specified treatment or training or other measures that alleviate or prevent the deterioration of the accused’s condition;
(b) resides at a specified place;
(c) complies with the lawful directions of a supervising officer designated under section 45.
The Board may at any time cancel a leave of absence order.
A mentally impaired accused who is away from a place of detention on leave of absence is considered to continue to be detained at the place during the time while on leave, but this section does not limit the freedom of movement given by the leave of absence.
(1) A mentally impaired accused is absent without leave if the accused —
(a) is away from a place of detention without having been given leave of absence; or
(b) having been away from a place of detention on leave of absence, fails to return to the place, or another place to which the person has been transferred, when the leave expires or is cancelled.
(2) A mentally impaired accused who is absent without leave commits an offence.
Penalty: 12 months imprisonment or a fine of $12 000.
(3) A mentally impaired accused who is absent without leave may be apprehended by —
(a) a person qualified as prescribed by the regulations who is employed at the place from which the person is absent; or
(b) a person qualified as prescribed by the regulations who, although not employed at the place, is authorised by a person qualified as prescribed who is employed at the place; or
(c) a police officer.
(4) A person apprehending a mentally impaired accused under subsection (3) shall as soon as practicable take the accused to the place from which the accused is absent.
(1) The
Mental Health Act 2014 Part 7 Divisions 5 and 6 do not apply in relation to the absence from an authorised hospital of a mentally impaired accused.(2) Part VIII of the
Prisons Act 1981 does not apply in relation to absence from a prison of a mentally impaired accused unless the reason for the absence is —(a) the facilitation of the provision of medical or health services to the accused; or
(b) the furthering of the interests of justice.
(1) At any time the Minister, in writing, may request the Board to report about a mentally impaired accused.
(2) The Board must give the Minister a written report about a mentally impaired accused —
(a) within 8 weeks after the custody order was made in respect of the accused; and
(b) whenever it gets a written request to do so from the Minister; and
(c) whenever it thinks there are special circumstances which justify doing so; and
(d) in any event at least once in every year.
(3) A report made under subsection (2) must recommend whether or not the Governor should be advised to release the mentally impaired accused.
(4) If the release of a mentally impaired accused is recommended, the report must —
(a) report on the factors in subsection (5); and
(b) recommend any conditions that should apply to the accused’s release.
(5) In deciding whether to recommend the release of a mentally impaired accused, the Board is to have regard to these factors —
(a) the degree of risk that the release of the accused appears to present to the personal safety of people in the community or of any individual in the community;
(b) the likelihood that, if released on conditions, the accused would comply with the conditions;
(c) the extent to which the accused’s mental impairment, if any, might benefit from treatment, training or any other measure;
(d) the likelihood that, if released, the accused would be able to take care of his or her day to day needs, obtain any appropriate treatment and resist serious exploitation;
(e) the objective of imposing the least restriction of the freedom of choice and movement of the accused that is consistent with the need to protect the health or safety of the accused or any other person;
(f) any statement received from a victim of the alleged offence in respect of which the accused is in custody.
(6) In this section —
(a) a person who has suffered injury, loss or damage as a direct result of the alleged offence, whether or not that injury, loss or damage was reasonably foreseeable by the alleged offender; or
(b) where the alleged offence results in a death, any member of the immediate family of the deceased.
(1) As soon as practicable the Board is to give a copy of any report made under section 33 to the mentally impaired accused concerned and on request to the accused’s lawyer or guardian.
(2) If in a report made under section 33 the Board recommends that the Governor should be advised to release a mentally impaired accused, the Board, as soon as practicable, is to give a copy of the report to —
(a) the Commissioner of Police; and
(b) the Director of Public Prosecutions.
(1) The Governor may at any time order that a mentally impaired accused be released by making a release order.
(2) A release order is an order that on a release date specified in the order the accused is to be released —
(a) unconditionally; or
(b) on conditions determined by the Governor.
(3) If a mentally impaired accused is released on conditions —
(a) the conditions may be ordered to apply indefinitely or for a set period determined by the Governor; and
(b) the Governor may by a subsequent order amend or cancel any or all of the conditions.
(4) Without limiting the kinds of conditions that may be included in a release order, the order may include a condition that the mentally impaired accused —
(a) undergoes specified treatment or training or other measures that alleviate or prevent the deterioration of the accused’s condition;
(b) resides at a specified place;
(c) complies with the lawful directions of a supervising officer designated under section 45.
(5) An accused is to be released in accordance with a release order unless at the release date he or she is by law required to be kept in custody in respect of another matter.
As soon as practicable, the Board is to give a copy of a release order to —
(a) the accused and on request the accused’s lawyer or guardian; and
(b) the Commissioner of Police; and
(c) the Director of Public Prosecutions.
(1) If a mentally impaired accused breaches a condition in the release order made in respect of the accused, the Board may cancel the order.
(2) If a release order is cancelled —
(a) the custody order that applied to the accused when the accused was released is again in force and the accused may be arrested and detained under the custody order; and
(b) despite paragraph (a) the Board may issue a warrant for the arrest of the accused.
(3) On the arrest of a mentally impaired accused who has breached a condition of the accused’s release, this Part has effect as if the custody order in respect of the accused had been made at the time of the arrest.
(1) A mentally impaired accused remains subject to the custody order until discharged from it.
(2) A mentally impaired accused is discharged from the custody order —
(a) if released unconditionally under a release order — when released;
(b) if released on conditions under a release order — when the conditions cease to apply if they cease to apply.
This Part does not prevent a mentally impaired accused who has been released on conditions from being made an involuntary patient at any time or being detained as an involuntary patient at any time.
(1) For the purpose of performing its functions the Board may —
(a) require a mentally impaired accused to be examined by a psychiatrist or other appropriate expert;
(b) require a psychiatrist or other appropriate expert to prepare and submit a report to the Board;
(c) require a mentally impaired accused to appear before the Board.
(2) For the purposes of subsection (1)(c), the Board may issue a warrant to have the accused arrested and brought before the Board.
A board called the Mentally Impaired Accused Review Board is established.
(1) The members of the Board are as follows —
(a) the person who is the chairperson of the Prisoners Review Board appointed under section 103(1)(a) of the
Sentence Administration Act 2003 ;(ba) a deputy chairperson, to be nominated by the Minister and appointed by the Governor;
(bb) a person who, under the
Disability Services Act 1993 section 9 or 10, works for the Disability Services Commission, appointed by the Commission;(b) the persons who are community members of the Prisoners Review Board appointed under section 103(1)(c) of the
Sentence Administration Act 2003 ;(c) a psychiatrist appointed by the Governor;
(d) a psychologist appointed by the Governor.
(2) The Governor may appoint a psychiatrist to be the deputy of the psychiatrist appointed to the Board and a psychologist to be the deputy of the psychologist.
(3) The person referred to in subsection (1)(a) is the chairperson of the Board.
(4A) The Minister must not nominate a person as a deputy chairperson unless the person has, in the Minister’s opinion, extensive or special knowledge of matters involved in the performance of the Board’s functions.
(4B) The deputy chairperson must perform the functions of the chairperson —
(a) when the chairperson is unable to act because of illness, absence or other cause; or
(b) during any vacancy in the office of chairperson.
(4C) The member of the Board referred to in subsection (1)(bb) is a member only while the person works for the Disability Services Commission under the
Disability Services Act 1993 section 9 or 10.(4) Those members of the Board who are also members of the Prisoners Review Board are members of the Board only while they are members of the Prisoners Review Board.
(5) Schedule 1 to the
Sentence Administration Act 2003 (other than clause 5) applies in respect of the deputy chairperson, the psychiatrist and the psychologist appointed as members of the Board as if they were members of the Prisoners Review Board appointed by the Governor.
At a meeting of the Board —
(a) the chairperson and 2 other members of the Board constitute a quorum; and
(b) clause 5 (other than subclause (2)) of Schedule 1 to the
Sentence Administration Act 2003 otherwise applies.
(1) The registrar of the Prisoners Review Board appointed under section 104A of the
Sentence Administration Act 2003 is also the registrar of the Board.(2) Any other Prisoners Review Board staff referred to in section 104A of the
Sentence Administration Act 2003 are also the staff of the Board.
(1) The functions of the Board are set out in Part 5 and this Part.
(2) The Board may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.
(1) The Board may designate a person to be a supervising officer.
(2) The functions of a supervising officer are —
(a) at the direction of the Board to supervise mentally impaired accused —
(i) who are given leave of absence on conditions; or
(ii) who are released on conditions;
and
(b) to report to the Board about such accused in accordance with the Board’s directions.
(3) The Board may make arrangements with any person or a department of the Public Service or any statutory authority for the purpose of or in connection with designating a person to be a supervising officer.
(4) A person may be designated to be a supervising officer for a fixed or indefinite period.
(5) The Board may at any time cancel the designation of a person as a supervising officer.
(1) A decision by the Board to —
(a) cancel a leave of absence order or a release order; or
(b) issue a warrant under this Act,
may be made —
(c) by the chairperson and —
(i) the psychiatrist; or
(ii) if the psychiatrist is absent, the psychiatrist’s deputy;
or
(d) by the chairperson, the psychiatrist or the psychiatrist’s deputy and another member.
(2) An order giving effect to a decision of the Board is to be signed by 2 members of the Board.
(3) A warrant issued by the Board to have a person arrested must be signed by —
(a) 2 members of the Board; or
(b) the chairperson of the Board if he or she is a judge of the Supreme Court or the District Court.
(1) Judicial notice must be taken of —
(a) the fact that a person is or was a member or the secretary of the Board; and
(b) the official signature of such a person.
(2) Evidence of a decision or order of the Board may be given by producing a copy of the decision or order certified by the secretary of the Board as a true copy.
Before 1 October in each year, the Board is to give a written report to the Minister on —
(a) the performance of the Board’s functions during the previous financial year; and
(b) statistics and matters relating to mentally impaired accused; and
(c) the operation of this Act so far as it relates to mentally impaired accused.
(1) If this Act empowers a person to issue a warrant to have a person arrested, the warrant must be in the prescribed form and such a warrant has effect according to its wording.
(2) In the absence of evidence to the contrary, it is to be presumed that —
(a) the person who issued the warrant is empowered to do so; and
(b) the signature on the warrant is that of the person who issued it.
(3) A person to whom the warrant is directed must give effect to it as soon as practicable.
(4) The warrant itself is sufficient authority to the person to whom it is directed to arrest the person concerned and to hold the person in custody for the purposes of taking him or her, as soon as practicable, to the place specified in the warrant.
(5) For the purposes of arresting a person under the warrant, the person to whom it is directed —
(a) may stop any aircraft, train, vehicle or vessel in which the person is or is reasonably suspected to be by the person to whom the warrant is directed; and
(b) may enter any place where the person is or is reasonably suspected to be by the person to whom the warrant is directed.
(1) In this section, a reference to the doing of anything includes a reference to the omission to do anything.
(2) An action in tort does not lie against a person for anything that the person has done, in good faith —
(a) when performing or purporting to perform a function under this Act; or
(b) in assisting a person to perform or purportedly perform a function under this Act.
(3) The protection given by subsection (2) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
(4) Despite subsection (2), the State is not relieved of any liability that it might have for another person having done something as described in that subsection.
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to this Act.
[Section 3]
s. 279 | Murder |
s. 280 | Manslaughter |
s. 281 | Unlawful assault causing death |
s. 283 | Attempt to murder |
s. 292 | Disabling in order to commit indictable offence etc. |
s. 294 | Acts intended to cause grievous bodily harm or to resist or prevent arrest |
s. 297 | Grievous bodily harm |
s. 301 | Wounding and similar acts |
s. 304(2) | Acts or omissions, with intent to harm, causing bodily harm or danger |
s. 317 | Assaults occasioning bodily harm |
s. 317A | Assaults with intent |
s. 318 | Serious assaults |
s. 323 | Indecent assault |
s. 324 | Aggravated indecent assault |
s. 325 | Sexual penetration without consent |
s. 326 | Aggravated sexual penetration without consent |
s. 327 | Sexual coercion |
s. 328 | Aggravated sexual coercion |
s. 330 | Incapable person: sexual offences against |
s. 331B | Sexual servitude |
s. 331C | Conducting business involving sexual servitude |
s. 331D | Deceptive recruiting for commercial sexual services |
s. 332 | Kidnapping |
s. 333 | Deprivation of liberty |
s. 338E(1)(a) | Stalking committed in circumstances of aggravation |
s. 378(2) | Stealing a motor vehicle, aggravated by reckless or dangerous driving |
s. 392 | Robbery |
s. 393 | Assault with intent to rob |
s. 444 | Criminal damage |
s. 32 | Wilfully lighting a fire or causing a fire to be lit under such circumstances as to be likely to injure or damage a person or property |
s. 59 | Dangerous driving causing death, injury etc. |
s. 75B(1) | Navigation of vessel occasioning death while under influence of alcohol, a drug or alcohol and a drug |
s. 75B(2) | Dangerous navigation of vessel occasioning death |
s. 75BA(1) | Navigation of vessel occasioning grievous bodily harm while under influence of alcohol, a drug or alcohol and a drug |
s. 75BA(2) | Dangerous navigation of vessel occasioning grievous bodily harm |
This is a compilation of the
70 of 1996 | 13 Nov 1996 | 13 Nov 1997 (see s. 2) | |
10 of 1998 | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) | |
38 of 1998 | 25 Sep 1998 | 23 Oct 1998 | |
23 of 2001 | 26 Nov 2001 | 24 Dec 2001 | |
27 of 2002 | 25 Sep 2002 | 27 Sep 2002 (see s. 2 and | |
50 of 2003 | 9 Jul 2003 | 31 Aug 2003 (see s. 2 and | |
4 of 2004 | 23 Apr 2004 | 21 May 2004 (see s. 2) | |
59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and | |
84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and | |
41 of 2006 | 22 Sep 2006 | 28 Jan 2007 (see s. 2(1) and | |
65 of 2006 | 8 Dec 2006 | 4 Apr 2007 (see s. 2 and | |
2 of 2008 | 12 Mar 2008 | 27 Apr 2008 (see s. 2 and | |
29 of 2008 | 27 Jun 2008 | 1 Aug 2008 (see s. 2(d) and | |
20 of 2013 | 4 Nov 2013 | 25 Nov 2013 (see s. 2(b) and | |
25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and | |
4 of 2015 | 3 Mar 2015 | 17 Jun 2015 (see s. 2(b) and | |
6 of 2017 | 12 Sep 2017 | 13 Sep 2017 (see s. 2(b)) | |
31 of 2023 | 11 Dec 2023 | 21 Dec 2023 (see s. 2(c) and SL 2023/202 cl. 2(a)) | |
accused............................................................................................................................... 3
authorised hospital........................................................................................................... 3
Board.................................................................................................................................. 3
custody order.................................................................................................................... 3
declared place................................................................................................................. 23
detention centre.............................................................................................................. 23
DSC declared place............................................................................................... 24(5A)
involuntary inpatient....................................................................................................... 3
involuntary patient........................................................................................................... 3
mental illness................................................................................................................ 3, 8
mental impairment........................................................................................................... 8
mentally impaired accused........................................................................................... 23
prison............................................................................................................................... 23
psychiatrist........................................................................................................................ 3
psychologist...................................................................................................................... 3
Schedule 1 offence........................................................................................................... 3
statutory penalty............................................................................................................... 3
trial..................................................................................................................................... 8
victim.......................................................................................................................... 33(6)
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