NSWIn ForceAct
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
80Reviews of persons found unfit to be tried for an offence
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#### 80 Reviews of persons found unfit to be tried for an offence
80 Reviews of persons found unfit to be tried for an offence
> > (1) On a review of a person who has been found unfit to be tried for an offence, the Tribunal must determine whether the person has become fit to be tried for an offence.
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> > (2) The Tribunal must notify the court that made the finding of unfitness, the Director of Public Prosecutions and the person’s legal representative if, on a review, it is of the opinion that the person reviewed—
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> > > (a) has become fit to be tried for an offence, or
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> > > (b) has not become fit to be tried for an offence and will not, during the period of 12 months after the finding of unfitness by the court, become fit to be tried for the offence.
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> > (3) The Tribunal must make a determination as to the fitness of a person to be tried for an offence on the balance of probabilities.
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> Note.
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> The presumptions in section 45 apply to the person.