Document ID: chunk:federal_register_of_legislation:C2024C00861:section:145
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 145
Character Range: 419210–421240

145  Unsoundness of mind
 (1) Where a summary authority considers that an accused person, by reason of mental impairment, may not be able to understand the proceedings against him or her and accordingly may be unfit to stand trial, the authority shall refer the charge to the Director of Military Prosecutions.
 (2) Where a court martial or a Defence Force magistrate is satisfied that an accused person, by reason of mental impairment, is not able to understand the proceedings against him or her and accordingly is unfit to stand trial, the court martial or the Defence Force magistrate shall so find and shall direct that the person be kept in strict custody until the pleasure of the Governor‑General is known.
 (3) Where, in a trial of a charge by a summary authority of an accused person, evidence is adduced that shows, or tends to show, that the accused person, at the time of the act or omission the subject of the charge, was suffering from such mental impairment as not to be responsible, in accordance with law, for that act or omission, the authority shall refer the charge to the Director of Military Prosecutions.
 (4) Where, in a trial of a charge by a court martial or a Defence Force magistrate, the court martial or the Defence Force magistrate finds that the accused person, at the time of the act or omission the subject of the charge, was suffering from such mental impairment as not to be responsible, in accordance with law, for that act or omission, the court martial or the Defence Force magistrate shall find the accused person not guilty on the ground of mental impairment and shall acquit the person of the charge on the ground of mental impairment.
 (5) Where an accused person is acquitted by a court martial or a Defence Force magistrate of a charge on the ground of mental impairment, the court martial or the Defence Force magistrate shall record the ground of the acquittal and shall direct that the accused person be kept in strict custody until the pleasure of the Governor‑General is known.