NTIn ForceAct
Criminal Code Act 1983
43SAbridgement of adjournment under section 43R
Start here
Get a plain-English read of 43S
Turn the raw legal text into a practical explanation grounded in Criminal Code Act 1983.
43S Abridgement of adjournment under section 43R
Where the court has made an order under section 43R(4) or (9)(a)
adjourning the matter of the fitness of an accused person to be
tried, the accused person or the Director of Public Prosecutions
may at any time during the adjournment apply to the court for either
of the following orders:
(a) if the accused person or the Director of Public Prosecutions
considers that the accused person has become fit to stand
trial – an order that the trial of the accused person for
committing the offence he or she is charged with is to proceed
in the normal way;
(b) if the accused person or the Director of Public Prosecutions
considers that the accused person will not become fit to stand
trial by the end of the 12 month period referred to in
section 43R – an order to hold a special hearing within
3 months after the date the order is made.