Australian Capital Territory Current Acts

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Investigation into fitness to plead

    (1)     On an investigation into a defendant's fitness to plead—

        (a)     the court must hear any relevant evidence and submissions put to the court by the prosecution or the defence; and

        (b)     if the court considers that it is in the interests of justice to do so, the court may—

              (i)     call evidence on its own initiative; or

              (ii)     require the defendant to be examined by a psychiatrist or other health practitioner; or

              (iii)     require the results of the examination to be put before the court.

    (2)     Before hearing any evidence or submissions, the court must consider whether, for the protection of the defendant's privacy, the court should be closed to the public while all or part of the evidence or submissions are heard.

    (3)     The court must decide whether the defendant is unfit to plead.

    (4)     If the court finds that the defendant is unfit to plead, the court must also decide whether the defendant is likely to become fit to plead within the next 12 months.

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