South Australian Current Acts South Australian Current Acts269K—Preliminary prognosis of defendant's condition
(1) Before formally
embarking on an investigation under this Division of a defendant's mental
fitness to stand trial, a court may require production of psychiatric or other
expert reports that may exist on the defendant's mental condition and may, if
it thinks fit, itself have a report prepared on the defendant's mental
condition.
(2) If it appears from
a report that the defendant is mentally unfit to stand trial but there is a
reasonable prospect that the defendant will regain the necessary mental
capacity over the next 12 months, the court may adjourn the defendant's trial
for not more than 12 months.
(3) If after the
adjournment the court is of the opinion that the grounds on which the
investigation was thought to be necessary no longer exist, the court may
revoke the order for the investigation and the trial will then proceed in the
normal way.