44Inquiry procedures

#### 44 Inquiry procedures 44 Inquiry procedures > > (1) The question of a defendant’s unfitness to be tried for an offence is to be determined by the judge alone. > > > (2) At an inquiry, the defendant is to be represented by an Australian legal practitioner, unless the court otherwise allows. > > > (3) An inquiry is not to be conducted in an adversarial manner. > > > (4) The onus of proof of the question of a defendant’s unfitness to be tried for an offence does not rest on any particular party to the proceedings. > > > (5) In addition to any other matter the court may consider in determining whether the defendant is unfit to be tried for an offence, the court is to consider the following— > > > > > (a) whether the trial process can be modified, or assistance provided, to facilitate the defendant’s understanding and effective participation in the trial, > > > > > (b) the likely length and complexity of the trial, > > > > > (c) whether the defendant is represented by an Australian legal practitioner, or can obtain representation by an Australian legal practitioner. > > > > Note. > > > > The test for determining whether or not a person is unfit to be tried for an offence is set out in section 36. > > > (6) A determination by the judge must include the principles of law applied by the judge and the findings of fact on which the judge relied.