s. 9 (b) the accused must not be discharged only S. 8(1)(b) because the question has been raised; and amended by No. 68/2009 s. 97(Sch. item 39.2(d)). (c) if the accused is committed for trial, the S. 8(1)(c) amended by question must be reserved for consideration No. 68/2009 s. 97(Sch. by the trial judge. item 39.2(d)). S. 8(2) (2) Subject to subsection (3), if an accused is amended by committed for trial and the question of his or her No. 68/2009 s. 97(Sch. fitness to stand trial has been reserved under item 39.3(a)). subsection (1)(c)— S. 8(2)(a) (a) an indictment must be filed in respect of the amended by offence; and No. 68/2009 s. 97(Sch. item 39.3(b)). (b) the issue of whether there is a real and S. 8(2)(b) amended by substantial question as to the fitness of the No. 68/2009 s. 97(Sch. accused to stand trial must be determined by item 39.3(c)). the trial judge; and (c) if the judge determines that there is a real and substantial question, an investigation must be held under this Part— within 3 months after the committal. (3) The court before which the accused is to be tried S. 8(3) amended by may at any time, whether or not the period No. 68/2009 referred to in subsection (2) has expired, extend s. 97(Sch. item 39.4). the period for a further period not exceeding 3 months. (4) The period referred to in subsection (2) may be extended under subsection (3) more than once. 9 Reservation of question of fitness to stand trial by court
S. 8(1)(b) amended by No. 68/2009 s. 97(Sch. item 39.2(d)). (b) the accused must not be discharged only because the question has been raised; and S. 8(1)(c) amended by No. 68/2009 s. 97(Sch. item 39.2(d)). (c) if the accused is committed for trial, the question must be reserved for consideration by the trial judge. S. 8(2) amended by No. 68/2009 s. 97(Sch. item 39.3(a)). (2) Subject to subsection (3), if an accused is committed for trial and the question of his or her fitness to stand trial has been reserved under subsection (1)(c)— S. 8(2)(a) amended by No. 68/2009 s. 97(Sch. item 39.3(b)). (a) an indictment must be filed in respect of the offence; and S. 8(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.3(c)). (b) the issue of whether there is a real and substantial question as to the fitness of the accused to stand trial must be determined by the trial judge; and (c) if the judge determines that there is a real and substantial question, an investigation must be held under this Part— within 3 months after the committal. S. 8(3) amended by No. 68/2009 s. 97(Sch. item 39.4). (3) The court before which the accused is to be tried may at any time, whether or not the period referred to in subsection (2) has expired, extend the period for a further period not exceeding 3 months. (4) The period referred to in subsection (2) may be extended under subsection (3) more than once. 9 Reservation of question of fitness to stand trial by court s. 9
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