Crimes Act 1900

If the court decides that the defendant is unfit to plead but is likely to become fit to plead within the next 12 months, the court must adjourn the proceeding and—

if the defendant is charged with a serious offence—remand the defendant in custody or release the defendant on bail; and

if the defendant is charged with an offence other than a serious offence—make the orders it considers appropriate.

The orders the court may make under subsection (1) (b) include—

an order remanding the defendant in custody; and

an order requiring the defendant to submit to the jurisdiction of the ACAT to allow the ACAT to make a mental health order or forensic mental health order.

The court may (on application or its own initiative) reinvestigate the defendant’s fitness to plead at any time before the end of the 12‑month period.

However, if the court has not reinvestigated the defendant’s fitness to plead within 6 months after the day the initial decision was made, the court must reinvestigate it as soon as practicable (but within 30 days) after the end of that period.

If, before the end of the 12-month period, the defendant has not been found fit to plead, the court must reinvestigate the defendant’s fitness to plead as soon as practicable (but within 3 months) after the end of that period.

On a reinvestigation—

the court must hear any relevant evidence and submissions put to the court by the prosecution or the defence; and

if the court considers that it is in the interests of justice to do so, the court may—

call evidence on its own initiative; or

require the defendant to be examined by a psychiatrist or other health practitioner; or

require the results of the examination to be put before the court.

The court must decide whether the defendant is unfit to plead.

If the court decides that the defendant is fit to plead, the proceeding brought against the defendant must be continued in accordance with ordinary criminal procedure.

If, on a reinvestigation mentioned in subsection (5), the court decides that the defendant is unfit to plead, the court must—

for a proceeding in the Supreme Court—

discharge any jury empanelled for the proceeding; and

hold a special hearing under section 316; and

for a proceeding in the Magistrates Court—conduct a hearing under section 335.