Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p48
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 115988–118570

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 or 21b in respect of the person in respect of the offence.

Means by which court may be informed

"20br. For the purposes of this Division, a court of summary jurisdiction may inform itself as the court thinks fit, but not so as to require the person charged to incriminate himself or herself.

"Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability

Hospital orders

"20bs. (1) Where a person is convicted in a State or Territory, on indictment, of a federal offence and the court before which the person is convicted is satisfied that:

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

    (b) the illness contributed to the commission of the offence by the person; and

    (c) appropriate treatment for the person is available in a hospital in that State or Territory; and

    (d) the proposed treatment cannot be provided to the person other than as an inmate of a hospital in the State or Territory;

the court may, without passing sentence on the person, make an order (in this section called a 'hospital order') that the person be detained in a hospital specified in the order for a period specified in the order for the purposes of receiving treatment specified in the order.

"(2) A court must not make a hospital order unless, but for the mental illness of the person, the court would have sentenced the person to a term of imprisonment.

"(3) A court must not specify a period of detention in a hospital that is longer than the period of imprisonment to which the person would have been sentenced had the hospital order not been made.

"(4) Where the court orders a person to be detained in a hospital for a specified period, the court may fix a lesser period of detention during which the person is not to be eligible to be released from the hospital.

"(5) Before reaching an opinion on the matters specified in subsection (1) in relation to a person, the court must obtain and consider the reports of 2 duly qualified psychiatrists with experience in the diagnosis and treatment of mental illness.

"(6) A court may make a hospital order in respect of a