New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 50

50 Finding by Tribunal that defendant is fit to be tried

(1) If the court is notified by the Tribunal following a review that a defendant has become fit to be tried for an offence, the proceedings brought against the defendant in respect of the offence are to recommence or to continue in accordance with the appropriate criminal procedures.

(2) A court is not to hold a further inquiry into the fitness of a defendant to be tried for an offence merely because the Tribunal notifies the court that the defendant has become fit to be tried for an offence.

(3) Subsection (1) does not apply if the court is required to order the release of the defendant because of advice under section 53 that further proceedings will not be taken against the defendant in respect of the offence.