Which scenario is NOT a condition for a criminal case to be active?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

A scenario where the defendant is found unfit to be tried is considered a condition that halts or suspends the criminal proceedings rather than making the case active. When a defendant is deemed unfit due to mental health issues or other substantial reasons, the court will not proceed with the trial, thereby pausing the criminal case until the defendant can be restored to fitness to stand trial.

In contrast, the issuance of an arrest warrant, a person being arrested, and a person being charged orally for a crime are all actions that contribute to making a criminal case active. An arrest warrant signifies that law enforcement has sufficient evidence to proceed with an arrest, which initiates the legal process. Similarly, when someone is arrested, it marks the beginning of their involvement in the criminal justice system. Furthermore, orally charging a person with a crime also indicates that formal proceedings are in motion. Each of these actions directly correlates with the initiation of a criminal case, distinguishing them from the status of being unfit for trial.

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