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Criminal Justice (Mental Impairment) Act 1999
12Investigation by Supreme Court into fitness to stand trial
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### 12 Investigation by Supreme Court into fitness to stand trial
> > (1) In the case of proceedings in the Supreme Court, the question whether a defendant is fit to stand trial must be determined by a jury.
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> > (2) [*\[Section 12 Subsection (2) amended by No. 48 of 2003, Sched. 9, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2003-048#JS9@Ja2@GC1@EN) The application of the [Juries Act 2003](/view/html/inforce/2026-04-12/act-2003-999) extends to the constitution and proceedings of a jury for the purposes of this section.
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> > (3) Each juror chosen under this section must –
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> > > > (a) take an oath in the form specified in [Part 1](#JS1@HS1@EN) of [Schedule 1](#JS1@EN) ; or
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> > > > (b) make an affirmation in the form specified in [Part 2](#JS1@HS2@EN) of [Schedule 1](#JS1@EN) .
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> > (4) If a jury determines that the defendant is unfit to stand trial, it must also determine whether or not the defendant is likely to become fit to stand trial during the next 12 months.