South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269J

269J—Order for investigation of mental fitness to stand trial

        (1)         If there are reasonable grounds to suppose that a person is mentally unfit to stand trial, the court before which the person is to be tried may order an investigation under this Division of the defendant's mental fitness to stand trial.

        (2)         The court's power to order an investigation into the defendant's mental fitness to stand trial may be exercised—

            (a)         on the application of the prosecution or the defence; or

            (b)         if the judge considers the investigation necessary to prevent a possible miscarriage of justice—on the judge's own initiative.

        (3)         If a court orders an investigation into the defendant's mental fitness to stand trial after the trial begins, the court may adjourn or discontinue the trial to allow for the investigation.

        (4)         If a court before which committal proceedings for an indictable offence are conducted is of the opinion that the defendant may be mentally unfit to stand trial, the committal proceedings may continue, but the court must raise for consideration by the court of trial the question whether there should be an investigation under this Division of the defendant's mental fitness to stand trial.