Procedure if question raised
314 Procedure if question raised
If the question is raised in the Magistrates Court (other than at a committal hearing) and the court is satisfied that there is a real and substantial question about the defendant’s fitness to plead, the court must reserve the question for investigation under this division.
If the question is raised at a committal hearing—
the committal hearing must be completed; and
the defendant must not be discharged only because the question has been raised; and
if the person is committed for trial—the question must be reserved for consideration by the Supreme Court.
If the question has been reserved under subsection (2) (c) or is otherwise raised in the Supreme Court and the court is satisfied that there is a real and substantial question about the defendant’s fitness to plead, the court must reserve the question for investigation under this division.
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