Togia v Police

In Togia v Police, the Court of Appeal addressed two questions of law related to the fitness of the appellant, Mr Togia, to stand trial. The first question concerned whether the District Court had the jurisdiction to order assessment reports under section 38 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP) when Mr Togia was on bail. The second question related to whether the High Court had rigorously examined the evidence when determining that Mr Togia was fit to stand trial. The appeal was dismissed on both counts. The Court concluded that the term "in custody" in section 38 of CPMIP extends to individuals on bail who appear in court, thereby upholding the District Court's jurisdiction to order assessment reports. Furthermore, the Court found that the High Court had conducted a sufficiently rigorous examination of the evidence, as both experts agreed on Mr Togia's fitness to stand trial, and there was no disagreement among the evidence. The Court also noted that any deficiencies in the reasoning could be addressed in future proceedings, given the potential changes in Mr Togia's mental state.