NSWIn ForceAct
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
37When question of unfitness may be raised
Start here
Get a plain-English read of 37
Turn the raw legal text into a practical explanation grounded in Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
37 When question of unfitness may be raised
37 When question of unfitness may be raised
(1) The question of a defendant’s unfitness to be tried for an offence is, so far as practicable, to be raised before the defendant is arraigned on a charge in respect of the offence but may be raised at any time during the course of the hearing of the proceedings in respect of the offence.
(2) The question of a defendant’s unfitness to be tried for an offence may be raised on more than one occasion in the same proceedings.