Classified Patients and Criminal Proceedings
All criminal proceedings against a patient are suspended while they
are a classified patient. S 616
The court can still grant bail and have charges withdrawn. S 620
A person also stops being a classified patient if:
• The Mental Health Court makes a decision about the criminal
charges: S 84
• Lawful custody of the patient ends, for example, the person is
granted bail, charges have been discontinued, or sentence has
been served: S 85
See also the Chief Psychiatrist’s Policy (https://www.health.qld.gov.au/__data/assets/pdf_file/0025/465172/cpp-classified-patients.pdf) and Chief Psychiatrist’s Practice Guidelines (https://www.health.qld.gov.au/?a=573997)
Unless otherwise specified, references to sections (S) are from the
Mental Health Act 2016 (Qld)