sec.173Power to adjourn hearing of complaint—temporary unfitness for trial

sec.173 Power to adjourn hearing of complaint—temporary 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— is unfit for trial; but is likely to become fit for trial within 6 months. The court may adjourn the hearing of the complaint. However, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172 (2) . This section does not limit the court’s power under section 172 . (sec.173-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— is unfit for trial; but is likely to become fit for trial within 6 months. (sec.173-ssec.2) The court may adjourn the hearing of the complaint. (sec.173-ssec.3) However, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172 (2) . (sec.173-ssec.4) This section does not limit the court’s power under section 172 .

• (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) is unfit for trial; but (ii) is likely to become fit for trial within 6 months.
• (i) is unfit for trial; but
• (ii) is likely to become fit for trial within 6 months.
• (i) is unfit for trial; but
• (ii) is likely to become fit for trial within 6 months.