NTIn ForceAct
Criminal Code Act 1983
43NInstitution of investigation of fitness of accused person
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43N Institution of investigation of fitness of accused person
(1) The question of whether an accused person is fit to stand trial may
be raised in the court by the prosecution or the defence, or by the
court, at any time after the presentation of the indictment.
(2) The court must order an investigation into the fitness of the accused
person to stand trial if:
(a) the question of fitness was reserved during the committal
proceedings; or
(b) the Judge is satisfied that there are reasonable grounds on
which to question the accused person's fitness to stand trial.
(3) If the court makes an order for an investigation into the fitness of
the accused person after the trial has commenced, the court may
adjourn or discontinue the trial and conduct an investigation.
(4) The question of the fitness of an accused person to stand trial may
be raised more than once in the same proceeding.