sec.172Power to dismiss complaint—unsound mind or unfitness for trial

sec.172 Power to dismiss complaint—unsound mind or unfitness for trial

This section applies if— a complaint for a simple offence is to be heard and determined by a Magistrates Court; and the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial. The court may dismiss the complaint. See the Justices Act 1886 , section 222 in relation to appeals to a District Court judge from an order made in a summary way on a complaint for an offence. (sec.172-ssec.1) This section applies if— a complaint for a simple offence is to be heard and determined by a Magistrates Court; and the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial. (sec.172-ssec.2) The court may dismiss the complaint. See the Justices Act 1886 , section 222 in relation to appeals to a District Court judge from an order made in a summary way on a complaint for an offence.

• (a) a complaint for a simple offence is to be heard and determined by a Magistrates Court; and
• (b) the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial.
• (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial.
• (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or
• (ii) is unfit for trial.