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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
41Procedure where question of unfitness raised after arraignment
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41 Procedure where question of unfitness raised after arraignment
41 Procedure where question of unfitness raised after arraignment
If the question of a defendant’s unfitness to be tried is raised after the person is arraigned on a charge in respect of the offence, the court must hear any submissions relating to holding an inquiry in the absence of a jury which has been constituted for the purposes of the proceedings relating to the offence.