312
In forcePresumption of fitness to plead, standard of proof etc
Part 13Unfitness to plead and mental impairment
Division 13.2Unfitness to plead
312 Presumption of fitness to plead, standard of proof etc
(1)
A person is presumed to be fit to plead.
(2)
The presumption is rebutted only if it is established, on an investigation under this division, that the person is unfit to plead.
(3)
The question of a person’s fitness to plead—
(a)
is a question of fact; and
(b)
is to be decided on the balance of probabilities.
(4)
No party bears a burden of proof in relation to the question.
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