Part IB - Sentencing, imprisonment and release of federal offenders  

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

SECTION 20BV   Psychiatric probation orders  

Where a person is convicted in a State or Territory of a federal offence and the court 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 psychiatric treatment for the person is available in a hospital or other place in the State or Territory; and

(d) the person consents to the order being made;

the court may, without passing sentence on the person, make an order (in this section called a psychiatric probation order ) that the person reside at, or attend at, a specified hospital or other place for the purpose of receiving that psychiatric treatment.

The court must not make an order unless the person, or the person's legal guardian, consents to the proposed treatment.

An order is subject to the following additional conditions:

(a) that the person will, during such period, not exceeding 2 years, as the court specifies in the order, be subject to the supervision of a probation officer appointed in accordance with the order and obey all reasonable directions of a probation officer so appointed;

(b) that the person will be of good behaviour for such period, not exceeding 5 years, as the court specifies in the order.

The court may, on the application of the person, of the probation officer appointed to supervise the person or of the person in charge of the hospital or other place where the treatment is being undertaken, vary the treatment that the person is to undertake.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.