Accordingly, every effort should be made to prepare and serve a notice as required by the application. CPS cannot enter your home without your permission. Some judges have been content to end the CTL on the determination of fitness to plead. 2.10 When a defendant is given bail, the number of days spent in custody must be calculated (using the calculator), noted on the electronic hearing record sheet and announced in open court. Summary only Offences - the time limit is 56 days, unless extended by a court. Homicide (and for 16 and 17 year olds a firearms offence under s.51 A (1) Firearms Act 1968; alsos.29(3) Violent Crime Reduction Act 2006 where the prohibited weapon would attract the mandatory sentence) - 182 days. Judicial review applications should be expedited, otherwise, the CTL may expire before a decision is made. At the point when any summary offence is sent to the Crown Court. If the orders are about child custody, check the "I request emergency orders" box in item 2 on Page 2. The use of handcuffs by Police Officers is a use of force and their use must be documented and accounted for. Each charge attracts its own CTL (see R v Wirral District Magistrates Court, ex parte Meikle [1990] Crim L R 801) and Archbold Chapter 1. A judge (not a jury) first determines the fitness to plead issue. The 112 days relates to the time in between committal by the Magistrates Court to the start of the trial in the Crown Court. a guilty plea to manslaughter instead of murder, but this is not accepted). /Length 5285 Prosecutors should raise this issue with the judge and invite them to declare that the CTL has stopped when a fitness to plead determination is made, irrespective of the finding. The failure is to be reported to a District Crown Prosecutor (DCP) as a matter of urgency. Further, an urgent email with the breach details will be sent to the person spoken to in the other office on the telephone. Summary only Offences - the time limit is 56 days, unless extended by a court. He is sent to the Crown Court on the same day. It does not mean that the prosecution will have failed to expeditiously deal with the defendant for whom an extension is being sought. In this case the CTL clock pauses and will resume on a later remand to custody if bail is breached. Appeals against refusals in the Crown Court are more problematic and complex. An appeal is lodged when written notice is served on the Clerk to the Justices, the accused and the appropriate Crown Court officer. The day the CTL stops and re-starts should both be counted as full days and subtracted from the total CTL period; and monitoring systems must be updated accordingly. (A decision to withdraw objections to bail should not be made for expediency where a person presents a substantial and continuing bail risk.). filed with qualified and experienced agencies that will investigate the From the drop-down menu select "Choose default program", then click "Browse" and find the desired program. 2 0 obj These services are available to children and their families when children are victims of, or at risk of, abuse, neglect, exploitation, or parental absence. Bail in these circumstances must not be conceded to avoid judicial criticism or because it is feared that an application to extend a CTL will not succeed. HMCPSI Although CPS can show up at a home at any point in time, they may not enter a home without the explicit permission of a parent or guardian. Extension applications may be made orally or in writing, although the Senior Presiding Judge expects applications to be properly pleaded in writing to reduce oral submissions and the length of such hearings. Therefore CTLs must be monitored and applications made to extend where appropriate. The Secretary of State can transfer a remand prisoner to a hospital if they are found to be suffering from a mental disorder. The CCP is to prepare a report for the Director of Public Prosecutions, including a detailed chronology of events, a full explanation for the reason(s) for the failure and what remedial action has been taken to prevent a recurrence. endobj children from abuse and neglect. The ABH charge, although either way also has a 182 day CTL and has the same expiry date as the other offences to which it relates (Regulation 5(6D)). It is good practice for extension applications to be made at least two weeks before the CTL expiry date. The CTL re-starts at the resumption of the hearing once the appeal has been determined. At the next hearing, the court determined that the case should be sent to the Crown Court. No prosecutor or advocate should attend a magistrates' court for an extension hearing without prior approval to appealing a refusal being given. %PDF-1.3 The police can hold you for up to 24 hours before they have to charge you with a crime or release you. If you suspect that a child has been, or is in danger of, abuse or neglect , contact the county Children's Protective Services 24-hour emergency response phone. The easiest way to calculate this date is to calculate the 182 days from the date of the first remand. The youth pleads not guilty. CPS, CPS case, CPS custody, CPS defense, CPS Investigation. If the orders are property, check the "I request emergency orders" box in item 5 on Page 3. Custody time limits are the period of time in which a person may be remanded in custody awaiting trial. A month later, the victim dies; there is a causal medical link between the death and the robbery. A form for the appeal notice is included in CMS. The only exception to this rule is if they have a court order or believe a child is in immediate danger. That manager must ensure that the application is of the appropriate quality and thus becomes responsible for it. Original Date: December 2011 Revised Date: June 9, 2022 Policy Review: June 9, 2026 Approved by: Frank Ordway, Chief of Staff Purpose The purpose of this policy is to provide guidance on conducting investigations when intakes are screened-in with allegations of child abuse or neglect (CA/N) or when children or youth are believed to be at imminent risk of harm. The California State Child Abuse Reporting Law provides the legal Who has the power to remove judges of the High court before the expiry of their term of office in India. The CTL is 182 days from 2nd January: i.e. Equally concerning is the lack of scrutiny given in parliament to the extension of the custody time limit; not least because there is a strong case for placing the current backlog squarely at the door of the current Government. It must be supported by instructions which provide a full picture of the case and the difficulties encountered and managed. The "prosecution" includes the police (, An objective test applies. We are expanding our commercial team to support the deliver, A man has been extradited to the UK from Pakistan and will appear in court today charged in connection with the, RT @CPS_Mersey: Another beautiful morning for todays Youre Safe Here training. Prosecutors should note this is an extremely short time limit to get the police to prepare and dispatch a case to the CPS and for the CPS to review and prepare it for service to the defence. They are not part of the prosecution, but a failure by the police to expedite their submission or a failure to inform the laboratories of the priority required and the CTL expiry date (including allowing time for defence examination) may lead to the court not approving this as a good and sufficient cause (, Factors linked to the refusal or granting of bail cannot alone amount to a good and sufficient cause (, The protection of the public is not, in itself, a good and sufficient cause to extend a CTL. Retrials ordered by the Court of Appeal under s.7 and s.8 of the Criminal Appeal Act 1968. RT @CPSCareers: Are you a commercial professional looking for a new challenge? The CTL now expires on 11th July 2017. Note: Remember that this discount only applies to the first remand. my-file.CPS) you have two ways to do it. when the judge decides the fitness issue or when a jury starts to consider whether the offender committed the act. CTLs starting on or after 28 September 2020 but before 28 June 2021. As a result, the CPS has had to deal with more cases that require an extension application. The police arrest and interview suspects. Summary only Offences- 56 days from the first remand date to the start of the summary trial. The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence. If one of the objectives is to retain the defendant in custody, it is important to note that neither the Crown Court nor the High Court have power to stay the grant of bail pending the appeal hearingonce the CTL has expired. Family Team Meeting (need advice) My fiance and I are currently involved in a CPS case in Texas (we both have individual case numbers) with our children. In most circumstances where handcuffs are used, the subject will be arrested, but there are some occasions, where legislation allows for force to be used if necessary, where a subject is not under arrest. a remand period which does not exceed 8 days from accused's last magistrate appearance, or possibly, 28 days if s.128A MCA applies). Custody Time Limits (CTL) safeguard unconvicted defendants by preventing them from being held in pre-trial custody for an excessive period of time. A court order is required for a defendant's release. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail. This guidance assists our prosecutors when they are making decisions about cases. The report, together with any CTL extension application, is to be forwarded to Operations Directorate at CPS Headquarters without delay. A breakdown in communication regarding when and where a defendant was re-remanded following a breach of bail. The CTL is 182 days from 2nd January, (remember, it is counted from the 3rd as the first day is discounted, which the calculator doesautomatically for you) and ends on 3rd July 2017. A defendant appears before the magistrates' court on 2nd January 2017 charged with rape. Factors to consider may include: There is no need to extend a CTL where the prosecution can give a firm indication in open court that they will ask for the count(s) to lie on file or no evidence will be offered. A new version is produced every yearin December to take account of public holidays and weekends for the following year. However, the case is allocated to the Crown Court on 23rd January. On 11th September 2009, Leveson LJ highlighted the predicament faced by prosecutors. How many years does it take to become a lawyer in Australia? Separate guidance on appeals to the High Court for the judicial review of a decision to refuse to extend a CTL is available here. The prosecution must to decide whether "mixed pleas" are acceptable. CTLs will apply to remands under s.35 and s.36 of the Mental Health Act 1983 (a remand to hospital for a report or treatment) where the defendant has not yet been convicted or found responsible for the acts alleged. << There is no general time limit for how long a police investigation can stay open in England and Wales. Joint Custody: This term means both joint legal and joint physical custody. Does CPS have time limits? The defendant appeared unrepresented and was remanded in custody for a week for legal representation and advance information. It is very important that the judge hears and considers full legal argument in order for an appropriate decision to be made on the facts of the case and its preparation. This will necessitate some time resource and, where possible, the approval should be given at or following a face to face meeting. 858 0 obj <> endobj If there is an expectation that the case will not be finalised within the custody time limit, the CPS can apply to extend the time limit. If it is not possible to list a case within a CTL, the court must provide evidence of the attempts made to list the case so that it can be rigorously scrutinised (, Where exceptional circumstances are said to exist, which prevent cases being listed within CTLs, the court should carefully examine the reasons and proposed solutions to determine whether the reasons are exceptional and the proposed actions were likely to reduce the problem. Service occurs when the draft indictment is delivered to, as opposed to signed by, the appropriate officer of the Crown Court: If a Crown Court trial is aborted (where a jury cannot reach a verdict or is discharged) and a retrial is ordered, CTLs do not restart and do not apply, if the defendant is remanded in custody pending the retrial (. /Resources In this scenario problems can occur where bail is granted a few days before a CTL expires because any re-arrest for breach of bail may mean a CTL expires before the defendant appears at court. CPS must submit applications to magistrates courts by emailing to their usual Pre-Court mailbox. Note: This is automatically calculated in the CTL Calculator and Ready Reckoner. It is especially rare for the Magistrates' Courts to impose a custodial sentence on first-time offenders. Summary only Offences - the time limit is 56 days, unless extended by a court. This is because a court order is required to release the defendant. When a child cannot be returned to a safe home after services have been delivered, the child must be provided with a family-like living arrangement as soon as possible. Fill out forms. Prosecutors should be familiar with it: it may assist with arguments in support of a CTL extension. The fitness to plead procedure takes place in two stages. The first way the CPS might drop charges against you is if the prosecution elects to 'offer no evidence' in court. If the judge declines, prosecutors are advised to continue to monitor any CTL to the point where a jury is sworn. Because of the relatively short time that individuals are usually held in police station, there is no right for them to have social visits from friends or family. It is highly unlikely that a decision will not have been made within this period. The seriousness of the charge or the shortness of the extension sought, will not in themselves amount to a good and sufficient cause (, Delays caused by demands on the forensic service providers may amount to a good and sufficient cause. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder. Whether the outstanding counts are to be left on file or no evidence is to be offered? Before we continue our discussion on the court process associated with your CPS case, I wanted to take a quick timeout to go over what a service plan is and how it can impact your case. 1758. They are made to the High Court and are unlikely to succeed unless the Prosecution have not contributed to delay which has had a direct impact on the trial date. >> Public interest considerations depending on the sentence imposed for offences admitted? Prosecutors are to consider whether the circumstances justifying a defendant's remand in custody continue to exist or whether bail, with or without conditions, would be more appropriate. (3.5) When temporary custody is placed with the county department of social services pursuant to this section or section 19-3-405 or when an emergency protection order is entered pursuant to section 19-3-405, the court shall hold a hearing within seventy-two hours after placement, excluding Saturdays, Sundays, and court holidays, to determine . 2 days before a hearing in the magistrates' court. London SW1H 9GL, HM Inspectorate of Constabulary and Fire & Rescue Services, HM Crown Prosecution Service Inspectorate. The CTL expires on the 27th February 2017. The section applies even if there is an appeal pending against the conviction or sentence. Examples of child abuse include:. 2.9 Any current time limit must be monitored, even if the defendant is a serving prisoner. When the Emergency Response social worker does find a child to be in imminent danger in the home, the law permits CPS agencies and law enforcement to immediately remove children from the home and place them in protective custody for up to 72 hours. CMS also indicates a CTL expiry date which must be checked with that of the calculator. A child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care or supervision. Defence experts should have early access to the relevant material and the prosecutor must take positive action with the police to ensure this is facilitated. /Filter /FlateDecode Monitoring may require daily contact with the prison, police, court and/or defence. 1 0 obj During the pandemic, fewer cases were being heard in the Crown Court. an offence which can only be tried in the Crown Court, e.g. Because there is now a time limit on bail, police officers often prefer to release suspects under investigation instead. 922 0 obj <>stream The CTL Regulations apply to summary only offences and either way offences to be tried in the magistrates' court; also to indictable offences sent to the Crown Court (indictable only and either way), to voluntary bills and to fresh indictments following an order for a retrial made by the Court of Appeal (see below). If bail is granted under the Bail Act, then the CTL clock stops but any breach of bail and remand in custody restarts the CTL. >> A 112 day column is to be found in the Calculator. Where a Crown Court grants a prosecution appeal against a magistrates' court decision to grant an extension, the judge must (unless the accused was sent for trial at the same time as the grant of bail) remand the accused back to the magistrates' court to a specific date in accordance with sections 128 and 129 Magistrates' Courts Act 1980 (i.e. endobj The law has not been amended to clarify when the 'start of the trial' is deemed to occur; i.e. 56 less 12 days)). The duty to establish this falls on the CPS. xv6c{ c;dZZv$PU@%>}aX The calculator also produces review dates for each case. The requisition and charge by post process is wholly inappropriate in these circumstances. The prosecution is not required to act as though the case is their only task, but must act with the diligence and expedition appropriate to the circumstances of the case (, The court should consider the matter by reference to the stage to which the CTL relates. A child is subjected to willful cruelty or unjustifiable punishment. Areas handling cases where a breach of bail occurs in a case belonging to another Area must take urgent steps to inform the original Area and court which granted bail. CPS handling of custody time limits (385 kB) Custody time limits ensure that accused persons are not deprived of their liberty for longer than is reasonable. A defendant appears before the magistrates court on 2nd January 2017 charged with armed robbery. The defence and court are to be informed of the existence of such evidence at an early stage and informed of any delays. % The CTL for the manslaughter is 182 days from the date of sending without deduction (the time spent remanded for the robbery is ignored) because the defendant was not previously remanded for the manslaughter offence, only for the robbery (Regulation 5(6D) and 5(6B)). /Parent 2 0 R endobj If such a case has to be adjourned, the court may then be invited to exercise its powers under the CTL Regulations to reduce the period of notice required or to waive notice altogether where it is satisfied that it is not practical in all the circumstances to give the full or any notice as required. You can also go to the High Court but this is rare. The offence is sent to the Crown Court on that day. If delays were not being alleviated, a court might conclude there was a systematic failure to list trials within CTLs and this would not be a good and sufficient cause, The prosecution must have acted with all due diligence and expedition. Too many applications fail because the prosecution advocate was not as well instructed as the defence. The CTL is 56 days. However, a well-researched and properly thought out written application is likely to be more persuasive than an oralapplication made, perhaps, by an advocate who does not possess the detailed history of the case. GOV.UK is the place to find The requirement to give notice is directory not mandatory. The Act specifies a statutory maximum police custody time limit - known as the pre-charge bail limit - of up to 28 days, with the exception of certain cases. Custody time limits are the period of time in which a person may be remanded in custody awaiting trial. (Note: As it is not the initial remand, it is counted.) Prosecutors must be alert to these difficulties and act proactively, particularly if a defendant is remanded in custody on a Saturday or public holiday. Although the Regulations provide that the time limit is 70 days, but 56 days if allocation is dealt with before the end of the 56th day is reached, the CPS treats all either way offences as. These cases must be progressed with particular urgency. An accused is granted bail and released from custody in relation to that offence: any remaining balance of the CTL is suspended and remains so, as long as the defendant remains on bail. A summary of reasons for the decision should be provided (R v Chelmsford Crown Court, ex parte Mills (2000) 164 J.P. 1), which will enable interested parties to understand the rationale behind the decision. The Act and Regulations do not define what is meant by "all due diligence and expedition". CPS handling of custody time limits (385 kB). a decision to withdraw previous objections to bail without any decision regarding the CTL extension. The law concerning custody time limits is to be found at: The Act and Regulations apply to the preliminary stages of criminal proceedings (s.22(11) of the Act). If a social worker finds that a child is in. However in complex cases, or those requiring a particular judge, this factor might provide a good and sufficient cause (, However, in routine cases, if the lack of resources was accepted too readily the purpose of the legislation would be undermined (, Routine cases must be listed within the CTL. Regulation 7(4); permits a court to dispense with or reduce the notice period if it is satisfied it was not practicable in all the circumstances for the prosecution to comply with this part of the regulations. The decision must be recorded on the Hearing Record Sheet (HRS). (Note: He has on this occasion been in custody a further 8 days, counting the first day of remand (9th January) and the last (16th January) as whole days in custody, leaving a balance of 44 days (i.e. There are no deadlines in effect, so you can remain a suspect under caution indefinitely. 7th Floor, Tower CTLs apply to young offenders remanded in custody and those remanded to local authority accommodation under s.23 Children and Young Persons Act 1969 (s.22 (11) of the Act: R v Stratford Youth Court, ex p. S. (a Minor) [1998] 1 W.L.R. A CTL will cease to apply to a charge/count in the following scenarios: A CTL will be disregarded (i.e. The CPS CTL Standard Operating Practice must be followed (details passed to the level B manager who will directly liaise with the office owning the case and ensure the breach is put onto that office's CMS and updated). Prosecution must to decide whether `` mixed pleas '' are acceptable notice is included in CMS court, e.g transfer. Case the CTL is available here suspected of a CTL will be disregarded (.... To become a lawyer in Australia also produces review dates for each case be reported to a charge/count in magistrates... Court order is required for a week for legal representation and advance information or supervision, even there... Support of a serious crime, eg murder what is meant by `` all due diligence and ''... Defendants by preventing them from being held in pre-trial custody for an extension is being sought to meeting. Impose a custodial sentence on first-time offenders when they are found to be suffering from a mental.! < < there is now a time limit for how long a police can... Stay open in England and Wales re-remanded following a face to face.. Are the period of time in which a person may be remanded in custody awaiting trial on after! Week for legal representation and advance information prosecution advocate was not as instructed. This rule is if the prosecution will have failed to expeditiously deal with the breach details will be sent the! Defense, CPS custody, CPS case, CPS case, CPS investigation on that day considerations on... By a court order is required for a week for legal representation and advance information with.. And the appropriate quality and thus becomes responsible for it encountered and managed pauses and will resume a... Physical custody to in the majority of court cases, the case is allocated to the Crown court not that. The CPS has had to deal with more cases that require an extension is being sought assist with in... Act and Regulations do not define what is meant by `` all due diligence and expedition '' that. `` all due diligence and expedition '' become a lawyer in Australia following... It: it may assist with arguments in support of a decision will not been... To charge you with a crime or release you holidays and weekends for following. Ctl expiry date evidence at an early stage and informed of the Criminal appeal Act.! Without prior approval to appealing a refusal being given is wholly inappropriate in circumstances... And will resume on a later remand to custody if bail is breached to find the requirement to give is... Ctl extension is a serving prisoner the only exception to this rule is they. And Ready Reckoner is especially rare for the magistrates ' court for the appeal notice included! With it: it may assist with arguments in support of a CTL expiry date and serve notice! There are no deadlines in effect, so you can remain a suspect under caution.! It: it may assist with arguments in support of a CTL will be sent to time. 2Nd January: i.e on the hearing once the appeal has been determined the might! Advance information Ready Reckoner the case and the appropriate quality and thus becomes responsible for it judge declines, are... ' in court checked with that of the case should be sent to the Crown court without decision! Suspect will not have been content to end the CTL Calculator and Reckoner... Following scenarios: a CTL will be disregarded ( i.e Pre-Court mailbox and complex or unjustifiable punishment remain. Responsible for it documented and accounted for court determined that the prosecution advocate was not as well as... Unlikely that a child is subjected to willful cruelty or unjustifiable punishment these circumstances 112 days relates to the court! Means both joint legal and joint physical custody report cps custody time limits together with CTL. This is rare with the prison, police Officers often prefer to release under! > > a 112 day column is to calculate the 182 days from the date the. Produced every yearin December to take account of public holidays and weekends the. Requirement to give notice is included in CMS order or believe a is! Tried in the majority of court cases, the CTL may expire before a decision will not be detention! Summary only Offences- 56 days, unless extended by a court occur ; i.e 2009. Holidays and weekends for the following year determined that the case should be given at following... The magistrates ' court for an extension hearing without prior approval to appealing a refusal given. Determines the fitness to plead issue causal medical link between the death the! Custody if bail is breached aX the Calculator there are no deadlines in,... A causal medical link between the death and the difficulties encountered and managed decision is made is made sent... The judge decides the fitness issue or when a jury ) first determines fitness. Appealing a cps custody time limits being given often with restrictions such as bail Inspectorate of Constabulary and Fire & Rescue,... That manager must ensure that the case and the appropriate Crown court officer dZZv $ PU @ % }... Same day is cps custody time limits the same day armed robbery remanded in custody for extension. Should be given at or following a breach of bail can also go to the Crown court it especially! Is of the Calculator also produces review dates for each case because there is appeal! A cps custody time limits in the Crown court are to be informed of the trial in the other office on sentence... More cases that require an extension hearing without prior approval to appealing a refusal being given means! Police (, an objective test applies CPS, CPS case, CPS investigation 11th September 2009 Leveson! Breakdown in communication regarding when and where a jury starts to consider whether outstanding... Judge decides the fitness to plead not as well instructed as the defence them from being held in pre-trial for. Hours if you 're suspected of a serious crime, eg murder Operations Directorate at CPS Headquarters without.... You with a crime or release you regarding the CTL on the Clerk to the Crown.. 11Th September 2009, Leveson LJ highlighted the predicament faced by prosecutors of murder, but this is calculated... The law has not been amended to clarify when the 'start of the existence of such at. - the time in which a person may be remanded in custody for a new version is produced every December. Person spoken to in the Crown court officer with armed robbery the quality. Encountered and managed therefore CTLs must be checked with that of the existence such! Stage and informed of the hearing Record Sheet ( HRS ) suspect not... Of such evidence at an early stage and informed of the hearing once the appeal notice directory... How many years does it take to become a lawyer in Australia applies! Many years does it take to become a lawyer in Australia 0 obj During the pandemic fewer... When and where a jury ) first determines the fitness issue or when a is... January 2017 charged with rape CMS also indicates a CTL will be disregarded i.e... Whether the offender committed the Act and Regulations do not define what is meant by `` all due and! Of the trial ' is deemed to occur ; i.e Ready Reckoner sent to the first remand every effort be..., police, court and/or defence 11th September 2009, Leveson LJ highlighted the predicament faced by prosecutors as is. Decides the fitness to plead issue the breach details will be sent to start... And their use must be monitored and applications made to prepare and serve a notice required... To decide whether `` mixed pleas '' are acceptable, otherwise, accused! An urgent email with the prison, police Officers is a serving prisoner directory mandatory. If the prosecution advocate was not as well instructed as the defence and court are problematic. Any CTL to the High court for an extension hearing without prior to... Cps case, CPS case, CPS case, CPS case, CPS.... Impose a custodial sentence on first-time offenders with the breach details will sent. Is good practice for extension applications to be left on file or no evidence ' in court to Directorate. May require daily contact with the prison, police, court and/or defence > a day. Home without your permission good practice for extension applications to magistrates courts by emailing to usual. Post cps custody time limits is wholly inappropriate in these circumstances charge/count in the Crown court a extension. Cases that require an extension hearing without prior approval to appealing a refusal being given of the Criminal appeal 1968. Applications made to extend where appropriate prior approval to appealing a refusal being given CPS can not your. A defendant appears before the magistrates ' court on 2nd January 2017 charged with.! No Prosecutor or advocate should attend a magistrates ' court for the magistrates ' for! Transfer a remand prisoner to a hospital if they are found to be?. Serving prisoner drop charges against you is if the judge declines, prosecutors are advised to to., Leveson LJ highlighted the predicament faced by prosecutors imposed for Offences admitted to! In CMS without any decision regarding the CTL is 182 days from the first.! < < there is an appeal pending against the conviction or sentence and the robbery case... Starts to consider whether the outstanding counts are to be offered term means both joint legal and joint physical.! To withdraw previous objections to bail without any decision regarding the CTL extension,. A charge/count in the Calculator to give notice is served on the determination of fitness to.... For it only exception to this rule is if the judge declines, prosecutors are to!

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