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Criminal Code Act 1983
43MCommittal proceedings
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43M Committal proceedings
(1) If the question of an accused person's fitness to stand trial arises at
committal proceedings:
(a) the accused person is not to be discharged only because the
question has been raised during the committal proceedings;
(b) the committal proceedings are to be completed in accordance
with the Local Court (Criminal Procedure) Act 1928 (whether
or not section 110 of that Act is complied with); and
(c) if the accused person is committed for trial – the question is to
be reserved for consideration by the court during the trial of
the accused person.
(2) In the event of an inconsistency between Part V of the Local Court
(Criminal Procedure) Act 1928 and this section, this section prevails
to the extent of the inconsistency.