For federal offences tried in South Australian courts, Division 6 of the Crimes Act 1914 (Cth) does not prescribe the procedure for determining fitness to be tried; s 79 of the Judiciary Act picks up state law. Where mental unfitness is raised, the issue must be determined by a jury under s 269B of the Criminal Law Consolidation Act 1935 (SA) or at common law. Where only humanitarian grounds are raised (ill-health not amounting to mental unfitness), the trial judge determines the application alone. Section 20B does not oust the court's inherent jurisdiction to grant a permanent stay.
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