Crimes Act 1914
Part IB
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Sentencing, imprisonment and release of federal offenders
Division 7
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Acquittal because of mental illness
SECTION 20BK
Review by Attorney-General
(1)
Where, under subsection 20BJ(1) , a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the initial consideration ) whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.
(2)
In considering whether a person should be released from custody the Attorney-General:
(a) must obtain and consider:
(b) may obtain and consider such other reports as the Attorney-General considers necessary; and
(c) must take into account any representations made to the Attorney-General by the person or on the person's behalf.
View history note
Hide history noteWhere, under subsection 20BJ(1) , a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the initial consideration ) whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.
(2)
In considering whether a person should be released from custody the Attorney-General:
(a) must obtain and consider:
(i) a report from a duly qualified psychiatrist or psychologist; and
(ii) a report from another duly qualified medical practitioner; and
(b) may obtain and consider such other reports as the Attorney-General considers necessary; and
(c) must take into account any representations made to the Attorney-General by the person or on the person's behalf.