Part 10Special provisions for dealing with mentally impaired persons
188BCourt Martial may postpone finding as to unfitness to stand trial
The Court Martial may, if in its opinion it is in the interests of the accused to do so, postpone a finding as to whether the accused is unfit to stand trial until any time up to the stage at which all the evidence is concluded.
In any case where a finding is postponed under subsection (1), the Court may not make a finding on the matter if the accused is acquitted of every offence with which he or she is charged.
Notes
- Section 188B: inserted, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
- Section 188B heading: amended, on , by section 61(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 188B(1): amended, on , by section 61(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 188B(2): amended, on , by section 61(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).