New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 47

47 Finding after inquiry that defendant is unfit to be tried

(1) If a defendant is found unfit to be tried for an offence following an inquiry, the court must also determine whether, on the balance of probabilities, during the period of 12 months after the finding of unfitness, the defendant--

(a) may become fit to be tried for the offence, or

(b) will not become fit to be tried for the offence.

(2) The court may do one or more of the following after a finding that a defendant is unfit to be tried for an offence--

(a) make an order discharging a jury constituted for the purpose of the proceedings,

(b) adjourn the proceedings,

(c) grant the defendant bail in accordance with the Bail Act 2013 ,

(d) make an order remanding the defendant in custody,

(e) make other orders that the court thinks appropriate.