The existence of the special statutory procedures under Part 1B Division 6 of the Crimes Act (Cth) for persons unfit to be tried is a relevant and weighty factor against granting a permanent stay of Commonwealth criminal proceedings, even though the Commonwealth scheme differs materially from the NSW scheme considered in Subramaniam and WRC. The reasoning of those cases has some, though reduced, application to Commonwealth offences. A permanent stay remains available in exceptional cases but the threshold remains very high where statutory alternatives exist.
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