Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 314

    (1)     If the question is raised in the Magistrates Court (other than at a committal hearing) and the court is satisfied that there is a real and substantial question about the defendant's fitness to plead, the court must reserve the question for investigation under this division.

    (2)     If the question is raised at a committal hearing—

        (a)     the committal hearing must be completed; and

        (b)     the defendant must not be discharged only because the question has been raised; and

        (c)     if the person is committed for trial—the question must be reserved for consideration by the Supreme Court.

    (3)     If the question has been reserved under subsection (2) (c) or is otherwise raised in the Supreme Court and the court is satisfied that there is a real and substantial question about the defendant's fitness to plead, the court must reserve the question for investigation under this division.