For this division, a
"finding of unfitness" is made in relation to a person if—
(a) on a reference in relation to the person, the Mental Health Court decides under section 118 the person is unfit for trial and the unfitness for trial is not permanent; orNote—Under section 132 , the Mental Health Court must make a forensic order (mental health), forensic order (disability) or treatment support order for the person.
(b) on the trial of the person for an indictable offence, a jury makes a section 613 finding or section 645 finding in relation to the person.