5.4 - Director must refer to DPP or MHC

Under section 240, the Director must, within 14 days of receiving the psychiatrist's report, decide whether to refer the issue of the person's mental condition either to the Director of Public Prosecutions or to the Mental Health Court for determination. However, be aware that the Director must not refer the matter to the Mental Health Court where the person is charged only with a simple offence.

Note that under section 241, where the person is unfit for trial according to the psychiatrist's report, the Director of Mental Health may defer making a reference for up to four months from the initial decision to defer, if the Director considers that the person may become fit for trial within that period.

Under section 242(2A), if the Director of Mental Health refers the matter to the Director of Public Prosecutions, the Director must also include an assessment of the matter, and any recommendation they consider would be appropriate.