Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p39
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 93856–96412

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 subsection 20bc (1), a further determination of the kind that it made under subsection (1) of this section.

"(5) Where subsections 20bc (2) and (5) apply in relation to a person in the circumstances set out in subsection (4), then:

    (a) in an order under subsection 20bc (2) as so applied the court must, in fixing the period of detention, have regard to any period of detention already served under paragraph (2) (a) or (b) of this section; and

    (b) in an order under subsection 20bc (5) as so applied the court must:

      (i) in the case of a person already on bail––order, in lieu of the person's release from custody, the continuance of the person's release on bail; and

      (ii) in fixing the period of the person's release for which conditions apply, have regard to any period of detention already served under paragraph (2) (a) or (b) of this section.

"(6) 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, the finding that there is, on the balance of probabilities, a prima facie case for the commission of the offence charged acts as a stay against any proceedings, or any further proceedings, against the person in respect of the offence.

Persons found by a court not to be likely to be fit within 12 months

"20bc. (1) Where a court determines, under section 20ba, that a person who was found unfit to be tried will not become fit to be tried within 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) if 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—order that the person be