sec.118Decision about fitness for trial

sec.118 Decision about fitness for trial

This section applies if— the Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or because of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed. The court must decide whether the person is fit for trial. If the court decides the person is unfit for trial, the court must also decide whether the unfitness for trial is permanent. This section does not apply if, under section 117 (4) , the proceeding against the person for the offence is discontinued. s 118 amd 2022 No. 1 s 55 (sec.118-ssec.1) This section applies if— the Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or because of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed. (sec.118-ssec.2) The court must decide whether the person is fit for trial. (sec.118-ssec.3) If the court decides the person is unfit for trial, the court must also decide whether the unfitness for trial is permanent. (sec.118-ssec.4) This section does not apply if, under section 117 (4) , the proceeding against the person for the offence is discontinued.

• (a) the Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or
• (b) because of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed.