5 Jul 2023
MCMICHAEL v POLICE [2023] NZHC 1725
- Citation
- [2023] NZHC 1725
- Court
- High Court
Answer to both questions is no: in the circumstances of this case the presiding judge did not have jurisdiction to record deemed not guilty pleas on 27 July 2021 because s 39 requirements were not satisfied; and it cannot be in the defendant's interests under s 8(1) to postpone the fitness determination and remand the defendant in custody solely because no hospital bed is available — all relevant factual circumstances must be considered.