New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 51

51 Finding by Tribunal that defendant will not become fit to be tried within 12 months

(1) If the court is notified by the Tribunal following a review that a defendant has not and will not, during the period of 12 months after a finding by a court that the defendant is unfit to be tried for an offence, become fit to be tried for the offence, the defendant is to be dealt with under Division 3.

(2) This section 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.