Where an accused's unfitness to be tried is the primary basis for seeking a permanent stay of criminal proceedings, the statutory procedure under Part 2 of the Mental Health (Criminal Procedure) Act 1990 should ordinarily be allowed to operate, and a permanent stay will only be appropriate in the most exceptional circumstances where there is some overwhelming reason for not allowing the statutory procedure to proceed. The existence of the statutory mechanism with its jury determination must be given significant weight in the balancing exercise.
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