Australian Capital Territory Current Acts

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Action if accused becomes fit to plead after special hearing

    (1)     This section applies if—

        (a)     the Supreme Court makes an order under section 318 or section 319 in relation to an accused; and

        (b)     the offence in relation to which the order is made is punishable by imprisonment for 5 years or longer; and

        (c)     the ACAT later decides the accused is fit to plead in relation to the offence.

Note     For the relevant review of fitness to plead provisions, see the Mental Health Act 2015

, s 176.

    (2)     The director of public prosecutions must consider whether to take further proceedings against the accused in relation to the offence.

    (3)     If further proceedings are taken and the accused is found guilty of the offence charged (or an alternative offence), the court must, in deciding the sentence for the offence, take into account any time the accused has spent in custody or detention in relation to the offence.

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