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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
40Procedure where question of unfitness raised before arraignment
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40 Procedure where question of unfitness raised before arraignment
40 Procedure where question of unfitness raised before arraignment
(1) If the question of a defendant’s unfitness to be tried is raised before the defendant is arraigned on a charge in respect of the offence, the court must determine whether an inquiry should be conducted before the hearing of the proceedings in respect of the offence.
(2) The court may, at any time before an inquiry is commenced, determine that there is no longer a need for the inquiry to be held.