Mental Health Act · s 75

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75.
Use of codes of practice in criminal proceedings
(1) A person is not liable to any criminal proceedings by reason only that he has failed to observe any code of practice.
(2) In any proceedings for any offence against this Act, a code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence shall be admissible in evidence in the proceedings.
(3) Without affecting any other method of proof, in any proceedings for an offence against this Act —
(a) the production of a document purporting to be a copy of a notice published by the Minister under section 74(3)(a) shall be taken to be such a notice until the contrary is proved; and
(b) the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 74(3)(a) shall be taken to be the subject of that notice until the contrary is proved.
(4) In determining for the purpose of any provision of this Act as to whether any psychiatric facility, community psychiatric residence or community mental health centre is of good standard or in accordance with the generally accepted principles of safe and sound practice regard shall be had to any relevant standards, codes of practice or guidance acceptable to the
Minister.

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s 75Use of codes of practice in criminal proceedings

(1)

A person is not liable to any criminal proceedings by reason only that he has failed to observe any code of practice.

(2)

In any proceedings for any offence against this Act, a code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence shall be admissible in evidence in the proceedings.

(3)

Without affecting any other method of proof, in any proceedings for an offence against this Act —

(a)

the production of a document purporting to be a copy of a notice published by the Minister under section 74(3)(a) shall be taken to be such a notice until the contrary is proved; and

(b)

the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 74(3)(a) shall be taken to be the subject of that notice until the contrary is proved.

(4)

In determining for the purpose of any provision of this Act as to whether any psychiatric facility, community psychiatric residence or community mental health centre is of good standard or in accordance with the generally accepted principles of safe and sound practice regard shall be had to any relevant standards, codes of practice or guidance acceptable to the

Minister.