Document ID: chunk:federal_register_of_legislation:C2025C00132:section:20bb:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 20BB (pt 2/2)
Character Range: 949390–950924

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 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.