Procedure for conduct of investigation
43P Procedure for conduct of investigation
(1) At the commencement of the investigation, the Judge must explain to the jury:
the reason for the investigation;
(b) the findings that may be made and the consequences of those findings in law and otherwise; and
(c) the standard of proof required to establish whether the accused person is fit for trial.
(2) The court must hear the relevant evidence and submissions relating to the question of fitness of the accused person put to the court by the prosecution and the defence.
(3) If the Judge considers that it is in the interests of justice to do so, the court may:
call evidence on its own initiative;
(b) require the accused person to undergo an examination by a psychiatrist or other appropriate expert; and
(c) require the results of an examination referred to in paragraph (b) to be produced before the court.
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