Director of Public Prosecutions v Mills

The Director of Public Prosecutions sought prerogative relief concerning the decision of a trial judge to terminate an inquiry into the fitness of an intellectually disabled accused to be tried and to discharge the accused. The proceedings concerned the application of the *Mental Health (Criminal Procedure) Act 1990* (NSW) and the *Mental Health Act 1990* (NSW).

The central legal issue before the Court of Appeal was whether the trial judge had erred in terminating the fitness inquiry and discharging the accused, and whether the judge had properly considered the procedures mandated by the governing legislation.

The Court of Appeal found that the trial judge had failed to fully consider the procedures prescribed by the relevant legislation. The judge's decision to terminate the inquiry and discharge the accused was not supported by the governing legislation. The Court applied the principles of statutory interpretation to determine the scope of the judge's powers and obligations under the *Mental Health (Criminal Procedure) Act 1990* and the *Mental Health Act 1990*.

The Court of Appeal quashed the determination of the trial judge and made consequential orders.