s. 12 (i) call evidence on his or her own initiative; (ii) require the accused to undergo an S. 11(1)(b)(ii) amended by examination by a registered medical No. 68/2009 practitioner or registered psychologist; s. 97(Sch. item 39.7(b)). (iii) require the results of any such examination to be put before the court. (1A) Nothing in subsection (1) prevents the application S. 11(1A) inserted by of Part 3.10 of the Evidence Act 2008 to an No. 69/2009 investigation, and for the purposes of the s. 54(Sch. Pt 1 item 13.1). application of Part 3.10 the investigation is taken to be a criminal proceeding. (2) The Juries Act 2000 applies to an investigation as S. 11(2) substituted by if the investigation were a criminal trial. No. 53/2000 s. 95(1). (3) At the commencement of the investigation, the judge must explain to the jury— (a) the reason for the investigation; and (b) the findings which may be made; and (c) that the standard of proof required in relation S. 11(3)(c) amended by to the fitness of the accused to stand trial is No. 68/2009 the balance of probabilities. s. 97(Sch. item 39.7(c)). (4) If the jury finds that the accused is unfit to stand S. 11(4) amended by trial, the judge must— No. 68/2009 s. 97(Sch. item 39.7(b)). (a) determine, by reference to any relevant S. 11(4)(a) amended by evidence and on the balance of probabilities, No. 68/2009 whether or not the accused is likely to s. 97(Sch. item 39.7(b)). become fit to stand trial within the next 12 months; and
(i) call evidence on his or her own initiative; S. 11(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 39.7(b)). (ii) require the accused to undergo an examination by a registered medical practitioner or registered psychologist; (iii) require the results of any such examination to be put before the court. S. 11(1A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 13.1). (1A) Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an investigation, and for the purposes of the application of Part 3.10 the investigation is taken to be a criminal proceeding. S. 11(2) substituted by No. 53/2000 s. 95(1). (2) The Juries Act 2000 applies to an investigation as if the investigation were a criminal trial. (3) At the commencement of the investigation, the judge must explain to the jury— (a) the reason for the investigation; and (b) the findings which may be made; and S. 11(3)(c) amended by No. 68/2009 s. 97(Sch. item 39.7(c)). (c) that the standard of proof required in relation to the fitness of the accused to stand trial is the balance of probabilities. S. 11(4) amended by No. 68/2009 s. 97(Sch. item 39.7(b)). (4) If the jury finds that the accused is unfit to stand trial, the judge must— s. 12 S. 11(4)(a) amended by No. 68/2009 s. 97(Sch. item 39.7(b)). (a) determine, by reference to any relevant evidence and on the balance of probabilities, whether or not the accused is likely to become fit to stand trial within the next 12 months; and
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