New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 45

45 Presumptions as to findings about unfitness

It is presumed--

(a) that a person who has, in accordance with this Part or on a review under Part 5, been found to be unfit to be tried for an offence continues to be unfit to be tried for the offence until the contrary is, on the balance of probabilities, determined to be the case, and

(b) that a person who has, in accordance with this Part or on a review under Part 5, been found fit to be tried for an offence continues to be fit to be tried for the offence until the contrary is, on the balance of probabilities, determined to be the case.