16ATransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—investigations into fitness to stand trial

16A Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—investigations into fitness to stand trial

(1) Despite the repeal of Part 11, an investigation into the fitness of an accused—

(a) that, immediately before that repeal, was being conducted by the court, without a jury, in accordance with that Part; and

(b) in which the court had not yet made a finding—

is to continue, after that repeal, to be conducted by the court, without a jury, in accordance with that Part.

(2) For the purposes of an investigation that continues in accordance with subsection (1), Part 11 continues to have effect despite its repeal.

(3) After the conclusion of an investigation that was continued in accordance with subsection (1), sections 95, 96, 97 and 98 continue to apply in relation to that investigation despite their repeal.

(4) Subject to this section, on and after the repeal of Part 11, a finding of a court, on an investigation conducted in accordance with that Part, that an accused was or was not fit to stand trial has, for all purposes, the same effect as a finding of a jury.

Sch. 3 cl. 16B inserted by No. 11/2020 s. 31.