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Criminal Justice (Mental Impairment) Act 1999
9Presumption of fitness to stand trial and standard of proof
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9 Presumption of fitness to stand trial and standard of proof
(1) A person's fitness to stand trial is to be presumed unless it is established, on an investigation under this Part, that the person is unfit to stand trial.
(2) The question of a person's unfitness to stand trial is to be determined on the balance of probabilities.