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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
38NReservation of question of fitness to stand trial by Children's Court
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38N Reservation of question of fitness to stand trial by Children's Court
(1) At any time after a charge-sheet has been filed against a child, if it appears to the Children's Court that there is a real and substantial question as to the fitness of the child to stand trial, the court must reserve for investigation under this Division the question of the fitness of the child to stand trial.
(2) At any time during a hearing in the Children's Court, if it appears to the court that there is a real and substantial question as to the fitness of the child to stand trial, the court must adjourn or discontinue the hearing and proceed with an investigation under this Division.
(3) Nothing in this Act prevents the question of the fitness of a child to stand trial from being raised more than once in the same proceeding.
See section 38L(6) for the requirement that reasonable notice be given to the prosecution if the defence intends to raise the question of fitness to stand trial.
S. 38O