Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p38
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 91515–94070

to be fit within 12 months

"20bb. (1) Where a court determines, under subsection 20BA (4), that a person charged with a federal offence who was found unfit to be tried will become fit to be tried within a period of 12 months after that finding, the court must, at the time of making that determination, also determine:

   (a) whether the person is suffering from a mental illness, or a mental condition, for which treatment is available in a hospital; and

   (b) if so—whether the person objects to being detained in a hospital.

"(2) Where a court has made a determination under subsection (1), the court must:

    (a) where the court has determined that the person is suffering from a mental illness, or a mental condition, for which treatment is available in a hospital and that the person does not object to being detained in a hospital—order that the person be taken to and detained in a hospital, or continue to be detained in a hospital, as the case requires; or

    (b) otherwise:

      (i) order that the person be taken to and detained in a place other than a hospital (including a prison); or

      (ii) grant the person bail on condition that the person live at an address or in a place specified by the court;

for a period ending:

    (c) when the person becomes fit to be tried; or

    (d) when, as soon as practicable after the end of the 12 months referred to in subsection (1), the court makes an order under subsection 20bc (2) or (5) as applied under subsection (4);

whichever happens first.

"(3) Where a court determines, under subsection 20ba (4), that a person charged with a federal offence who was found unfit to be tried will become fit to be tried within 12 months after that finding then, if the person becomes fit within that period:

    (a) if the person had been indicted on the charge before being found unfit—the proceedings on the indictment must be continued as soon as practicable; and

    (b) if proceedings for the commitment of the person had been referred to the court under section 20b—those proceedings must be continued as soon as practicable as if they had not been so referred.

"(4) Where a court determines, under subsection 20ba (4), that a person who was found unfit to be tried will become fit to be tried, within 12 months after that finding but the person does not become fit within that

period, then, at the end of that period, subsections 20bc (2) and (5) apply as if the court had originally determined, at that time, that the person would not become fit to be tried and had made, under