Criminal Code

Version of section 672.48 from 2003-01-01 to 2006-01-01:

Marginal note:Review Board to determine fitness
  •  (1) Where a Review Board holds a hearing to make or review a disposition in respect of an accused who has been found unfit to stand trial, it shall determine whether in its opinion the accused is fit to stand trial at the time of the hearing.

  • Marginal note:Review Board shall send accused to court

    (2) If a Review Board determines that the accused is fit to stand trial, it shall order that the accused be sent back to court, and the court shall try the issue and render a verdict.

  • Marginal note:Chairperson may send accused to court

    (3) The chairperson of a Review Board may, with the consent of the accused and the person in charge of the hospital where an accused is being detained, order that the accused be sent back to court for trial of the issue of whether the accused is unfit to stand trial, where the chairperson is of the opinion that

    • (a) the accused is fit to stand trial; and

    • (b) the Review Board will not hold a hearing to make or review a disposition in respect of the accused within a reasonable period.

  • 1991, c. 43, s. 4.
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