Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 46A

(1)     This section applies where, in proceedings against a child in respect of an offence, the court is satisfied that—

        (a)     the child is mentally dysfunctional; and

        (b)     on an outline of the facts to be alleged in the proceedings, or such other evidence as the court considers relevant—it would be appropriate to deal with the child under this section.

(2)     Where this section applies, the court may by order—

        (a)     dismiss the charge and require the child to submit to the jurisdiction of the tribunal to enable the tribunal to make a mental health order; or

        (b)     dismiss the charge unconditionally.

(3)     Where the court makes an order under paragraph (2) (a), the order operates as a stay of proceedings, or of further proceedings, against the child in relation to the offence.

(4)     Where the court makes an order under subsection (2), the court shall not make an order under section 437, 556A or 556B or Part 15A of the Crimes Act 1900 in relation to the offence.

(5)     An order under subsection (2) does not constitute a finding that an offence has or has not been committed.

(6)     In proceedings to which this section applies, in order to determine whether a child is mentally dysfunctional, the court may make such orders as it considers appropriate, including the following:

        (a)     that the child submit to the jurisdiction of the Mental Health tribunal;

        (b)     that the proceedings be adjourned;

        (c)     that the child be released on bail.

Division 3—Disposition of young offenders