Discussion Paper 35 (1994) - People with an Intellectual Disability and the Criminal Justice System:Courts and Sentencing Issues

Table 4 - Effects of Review of Cases and Determination by Tribunal that a Person is Fit to be Tried


person who is found likely to become fit to be tried within 12 months and detained (s. 27, M.H. (C.P)) | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General advises Court that no further proceedings will be taken. Person released (s. 29, M.H. (C.P))

person who is found likely to become fit to be tried within 12 months and detained (s. 27, M.H. (C.P)) | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person fit to be tried. Criminal proceedings recommence or continue (s. 30, M.H. (C.P.))

person who is found likely to become fit to be tried within 12 months and detained (s. 27, M.H. (C.P)) | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person unfit to be tried | if person accused has been detained for aggregate periods of more than 12 months, Court must hold special hearing (s. 30, M.H. (C.P))* if special hearing has not been held

person who is found likely to become fit to be tried within 12 months and detained (s. 27, M.H. (C.P)) | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person unfit to be tried | in any case, Court may conduct special hearing, if a special hearing has not been held, or order person’s return to custody (s. 30, M.H. (C.P))**

person detained after special verdict that, on limited evidence available, the person committed an offence | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General advises Court that no further proceedings will be taken. Person released (s. 29, M.H. (C.P))

person detained after special verdict that, on limited evidence available, the person committed an offence | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person fit to be tried. Criminal proceedings recommence or continue (s. 30, M.H. (C.P.))

person detained after special verdict that, on limited evidence available, the person committed an offence | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person unfit to be tried | if person accused has been detained for aggregate periods of more than 12 months, Court must hold special hearing (s. 30, M.H. (C.P))* if special hearing has not been held

person detained after special verdict that, on limited evidence available, the person committed an offence | case to be review by Tribunal (ss. 80, 82, M.H.) | Tribunal forms opinion, on review, that person is fit to be tried, notifies Attorney General (ss. 80, 82, M.H.) | Attorney General requests Court to hold further inquiry as to fitness to plead (s. 29, M.H. (C.P)) | Court finds person unfit to be tried | in any case, Court may conduct special hearing, if a special hearing has not been held, or order person’s return to custody (s. 30, M.H. (C.P))**

* Note: See Table 3 for results of special hearing.

** Notes: The person is a forensic patient. For circumstances when the person ceases to be a forensic patient, see section 102 (where there has not been a special hearing) or section 103 (where there has been a special hearing).

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