District Court Amendment (Fitness for Trial Elections) Rule 2004 (NSW)

2004 No 647

New South Wales

District Court Amendment (Fitness for

Trial Elections) Rule 2004

under the

District Court Act 1973

The District Court Rule Committee has made the following rule of court under the

District Court Act 1973.

A Grew

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend Part 53 of the District Court Rules 1973 to require an election under section 11A of the Mental Health (Criminal Procedure) Act 1990 to be made in writing in the approved form. Section 11A of that Act enables an accused person to elect, in certain circumstances, for the trial judge alone to determine whether the person is unfit to be tried for an offence.

Published in Gazette No 147 of 17 September 2004, page 7548	Page 1
2004 No 647
Clause 1	District Court Amendment (Fitness for Trial Elections) Rule 2004

District Court Amendment (Fitness for Trial Elections)

Rule 2004

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Fitness for Trial Elections)
Rule 2004.

2 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in Schedule 1.

2004 No 647

District Court Amendment (Fitness for Trial Elections) Rule 2004

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Part 53

Insert after rule 16:

17 Elections under section 11A of Mental Health (Criminal Procedure) Act 1990

An election made by a person under section 11A of the Mental Health (Criminal Procedure) Act 1990 must be made in writing in or to the effect of the approved form.

BY AUTHORITY