#### 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.

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Section 40 - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - Procedure where question of unfitness raised before arraignment — Zoe