A magistrate conducting committal proceedings must complete those proceedings notwithstanding that the accused is deaf and mute and cannot understand the proceedings or communicate with counsel. The proper time to determine fitness to plead is when the accused is called upon to plead to the indictment under s 357 of the Criminal Code (NT). Section 41(1) of the Juvenile Justice Act (NT) is not a condition precedent to jurisdiction, and where compliance is impossible, non-compliance is excused. An ex officio indictment will be stayed pending completion of committal proceedings where no strong and powerful ground justifies bypassing the committal.
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