10Reservation of question of fitness to stand trial

### 10 Reservation of question of fitness to stand trial > > (1)  A court before which a person is charged with an offence may, on the application of the prosecutor, the defendant or on its own initiative, reserve the question of the defendant's fitness to stand trial for investigation under this Part. > > > (2)  [*\[Section 10 Subsection (2) amended by No. 13 of 2012, s. 25, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS25@Hpb@EN) [*\[Section 10 Subsection (2) amended by No. 13 of 2012, s. 25, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS25@Hpa@EN) [*\[Section 10 Subsection (2) substituted by No. 27 of 2020, s. 11, Applied:01 Jul 2021\]*](/view/html/inforce/2021-07-01/act-2020-027#GS11@EN) If, at preliminary proceedings for an indictable offence, the question of a defendant's fitness to stand trial arises – > > > > > > (a) the question is to be reserved for determination by the Supreme Court; and > > > > > > > (b) after the question is so determined – > > > > > > > > > > (i) the preliminary proceedings are to be completed in accordance with the relevant criminal procedures; and > > > > > > > > > > > (ii) if appropriate, the Supreme Court may return the preliminary proceedings to the relevant court for completion. > > > (3)  If, after a trial begins, the court of trial decides that the question of the defendant's fitness to stand trial should be investigated, the court may adjourn or discontinue the trial and proceed, subject to this Part, with the investigation. > > > (4)  Nothing in this section prevents the question of a defendant's fitness to stand trial from being raised more than once in the same proceedings. > > > (5)  A court must not conduct an investigation into a defendant's fitness to stand trial unless it appears to the court that there is a real and substantial question as to his or her fitness to stand trial.