Mental Capacity Act (Northern Ireland) 2016 Explanatory Notes

Section 208 - Remission for trial where person no longer unfit to be tried

This section applies were findings have been recorded against a person that he or she is unfit to be tried and that he or she did the act or made the omission charged, he or she is liable to be detained under a public protection order or subject to a supervision and assessment order made under section 207, and the Department of Justice has been notified by a responsible medical practitioner that the person is no longer unfit to be tried.

Where a public protection order has been made, the Department of Justice may remit the person for trial to the Crown Court.

Where a supervision and assessment order has been made, the Department of Justice may remit the person’s case for trial to the Crown Court.

This section also provides that where a person is remitted for trial under this section, the public protection order ceases to have effect once the person has arrived at the Crown Court and the court has made any order relating to the trial.  A supervision and assessment order will cease to have effect when the case has been remitted for trial, and the Crown Court has made any order relating to the trial.

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