Institution of investigation of fitness of accused person
43N Institution of investigation of fitness of accused person
The question of whether an accused person is fit to stand trial may be raised in the court by the prosecution or the defence, or by the court, at any time after the presentation of the indictment.
The court must order an investigation into the fitness of the accused person to stand trial if:
the question of fitness was reserved during the committal proceedings; or
the Judge is satisfied that there are reasonable grounds on which to question the accused person's fitness to stand trial.
If the court makes an order for an investigation into the fitness of the accused person after the trial has commenced, the court may adjourn or discontinue the trial and conduct an investigation.
The question of the fitness of an accused person to stand trial may be raised more than once in the same proceeding.
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