ACTIn ForceAct
Crimes Act 1900
335AAction if accused becomes fit to plead after hearing
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335A Action if accused becomes fit to plead after hearing
(a) the Magistrates Court makes an order under section 335 (2), (3)
or (4) in relation to an accused; and
(b) the offence in relation to which the order is made is punishable
by imprisonment for 5 years or longer; and
(c) the ACAT later decides the accused is fit to plead in relation to
Note For the relevant review of fitness to plead provisions, see the Mental
Health Act 2015, s 176.
(2) The director of public prosecutions must consider whether to take
further proceedings against the accused in relation to the offence.
(3) If further proceedings are taken and the accused is found guilty of the
offence charged, the court must, in deciding the sentence for the
offence, take into account any time the accused has spent in custody
or detention in relation to the offence.