NSWIn ForceAct
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
45Presumptions as to findings about unfitness
Start here
Get a plain-English read of 45
Turn the raw legal text into a practical explanation grounded in Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
#### 45 Presumptions as to findings about unfitness
45 Presumptions as to findings about unfitness
> It is presumed—
>
> > (a) that a person who has, in accordance with this Part or on a review under Part 5, been found to be unfit to be tried for an offence continues to be unfit to be tried for the offence until the contrary is, on the balance of probabilities, determined to be the case, and
>
> > (b) that a person who has, in accordance with this Part or on a review under Part 5, been found fit to be tried for an offence continues to be fit to be tried for the offence until the contrary is, on the balance of probabilities, determined to be the case.