Australian Capital Territory Consolidated Acts

CRIMES ACT 1900 - SECT 319

    (1)     This section applies if—

        (a)     an accused is charged with a serious offence; and

        (b)     at a special hearing that is a trial—

              (i)     by a single judge without a jury—the judge is satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged); or

              (ii)     by jury—the jury advises the court under section 317 (1).

    (2)     If this section applies, the Supreme Court shall order that the accused be detained in custody until the ACAT orders otherwise unless, in consideration of the criteria for detention in section 308, it is satisfied that it is more appropriate to order that the accused submit to the jurisdiction of the ACAT to enable the ACAT to make a mental health order.

    (3)     If the Supreme Court is satisfied under subsection (2), it shall make an order accordingly.