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What is International Child Abduction? See all Drink Driving. Drink Driving Queensland. See all Drink Driving Queensland. The CETM plays two important roles in this process. Second, it protects the public by supervising the treatment of anyone who is found mentally unfit for trial. During a trial, the judge, prosecutor, or even the accused themselves or their lawyer can ask for a mental fitness assessment.
The purpose of the assessment is to make sure that the accused can participate in their own trial. The assessment focuses on three things:. The assessment can be made by a judge and will then be reviewed by the CETM. Otherwise, the judge will ask the CETM to make the assessment. In both cases, the CETM will make the final determination. Victims can ask to be informed about any fitness hearings and have the right to present a victim impact statement at the hearing. Victims can also ask for their names and other identifying information to be protected by a publication ban.
After the fitness hearing, there are two possibilities. First, that the accused is declared fit for trial. In this case, the trial will resume. If the accused is declared unfit, then the trial will be paused. Which cookies are you happy for us to use?
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These cookies do not track individuals. Twitter widgets may add cookies to help analyse usage and remember your session if you are also logged in to your Twitter account. We await a final government response. Download the report. Download the draft bill. Download the report summary. The law relating to unfitness to plead addresses what should happen when a defendant who faces prosecution is unable to engage with the process because of their mental or physical condition.
The law aims to balance the rights of the vulnerable defendant with the interests of those affected by an alleged offence and the need to protect the public.
However, the current law in this area is outdated, inconsistently applied and can lead to unfairness.
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