Australian Capital Territory Numbered Acts

CRIMES (AMENDMENT) ACT 1999 (NO. 32 OF 1999) - SECT 9

    Section 428E of the Principal Act is amended—

        (a)     by omitting from subsection (1) all the words from and including “Where” to and including “charge” (second occurring) and substituting the following:

“(1)     If—

        (a)     a person has been committed for trial for an indictable offence;

        (b)     the issue of fitness to plead to the charge is raised by a party to the proceedings or by the court; and

        (c)     the court is satisfied that there is a question as to the person's fitness to plead to the charge;”; and

        (b)     by adding at the end the following subsection:

“(3)     If, on the hearing of an information laid before the Magistrates Court—

        (a)     the issue of fitness to plead is raised by a party to the proceedings or by the Magistrates Court; and

        (b)     the Magistrates Court is satisfied that there is a question as to the person's fitness to plead;

the Magistrates Court shall order the person to submit to the jurisdiction of the tribunal to enable the tribunal to determine whether or not the person is fit to plead.”.