Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Application to courts and proceedings  
   5.      Application to Magistrates' Court  
   5A.     Application to Children's Court  

   PART 2--UNFITNESS TO STAND TRIAL

           Division 1--Jury determination of unfitness to stand trial

   5C.     Application of this Division  
   6.      When is a person unfit to stand trial?  
   7.      Presumptions, standard of proof, etc.  
   8.      Committals  
   9.      Reservation of question of fitness to stand trial by court  
   10.     Court may make orders pending investigation into fitness  
   11.     Procedure on investigation  
   12.     What happens after an investigation?  
   13.     Abridgment of adjournment  
   14.     What happens at the end of an adjournment?  
   14A.    Appeal in relation to fitness to stand trial  

           Division 2--Determination of unfitness to stand trial by judge alone

   14B.    Application of this Division  
   14C.    Question of a person's fitness to stand trial  
   14D.    Procedure on investigation  
   14E.    Findings of investigation into fitness to stand trial  
   14F.    What happens after an investigation?  
   14G.    Abridgment of adjournment  
   14H.    What happens at the end of an adjournment?  
   14I.    Appeal in relation to fitness to stand trial  
   14J.    Application of Juries Act 2000  
   14K.    Repeal of this Division  

   PART 3--SPECIAL HEARINGS

   15.     Purpose of special hearings  
   16.     Procedure at special hearings  
   17.     Findings at special hearings  
   18.     Effect of findings  
   19.     Court may make orders pending making of supervision order  
   19A.    Appeal against unconditional release  

   PART 4--DEFENCE OF MENTAL IMPAIRMENT

   20.     Defence of mental impairment  
   21.     Presumptions, standard of proof, etc.  
   22.     When may the question of mental impairment be raised?  
   23.     Effect of finding of not guilty because of mental impairment  
   24.     Court may make orders pending making of supervision order  
   24AA.   Appeal against mental impairment verdict  
   24A.    Appeal against unconditional release  
   25.     Abrogation of defence of insanity  

   PART 5--DISPOSITION OF PEOPLE DECLARED TO BE LIABLE TO SUPERVISION

   26.     Supervision orders  
   27.     How long does a supervision order last?  
   28.     Nominal term of supervision order  
   28A.    Appeal against supervision order  
   29.     Non-compliance with non-custodial supervision order  
   30.     Emergency power of apprehension  
   30A.    Warrant to arrest person breaching non-custodial supervision order who leaves Victoria  
   30B.    Warrant to arrest person subject to custodial supervision order who leaves Victoria  
   31.     Application for variation or revocation of supervision order  
   32.     Variation of custodial supervision orders  
   33.     Variation or revocation of non-custodial supervision orders  
   34.     Appeal against confirmation or variation of supervision orders  
   34A.    Appeal against revocation of non-custodial supervision orders  
   35.     Major reviews  
   36.     Person subject to supervision order has right to appear  
   37.     Other parties may appear  
   38.     Rules of evidence not to apply in certain hearings  
   38A.    Notice of hearings to persons subject to supervision orders  
   38B.    Notice of hearings to DPP, Attorney-General and Secretary to Department of Health and Human Services  
   38C.    Notice of hearings to family members and victims  
   38D.    Appointment of person to receive notice on behalf of child  
   38E.    Provision of information to family members and victims  
   38F.    List of family members  

   PART 5A--PROCEEDINGS IN THE CHILDREN'SCOURT AND APPEALS FROM THOSE PROCEEDINGS

           Division 1--General

   38G.    Application of Part  
   38H.    Definitions  
   38I.    Constitution of Children's Court  
   38J.    Remand in custody  

           Division 2--Unfitness to stand trial

   38K.    When is a child unfit to stand trial?  
   38L.    Presumptions, standard of proof etc.  
   38M.    Committals  
   38N.    Reservation of question of fitness to stand trial by Children's Court  
   38O.    Time limit for investigation into fitness  
   38P.    Children's Court may make orders pending investigation into fitness  
   38Q.    Procedure on investigation  
   38R.    What happens after an investigation?  
   38S.    Abridgment of adjournment  
   38T.    What happens at the end of an adjournment?  
   38U.    Appeal in relation to fitness to stand trial  

           Division 3--Special hearings

   38V.    Purpose of special hearings  
   38W.    Procedure at special hearings  
   38X.    Findings at special hearings  
   38Y.    Effect of findings  
   38Z.    Court may make orders pending making of supervision order  
   38ZAA.  Appeal against unconditional release  

           Division 4--Defence of mental impairment

   38ZA.   Defence of mental impairment  
   38ZB.   Presumptions, standard of proof etc.  
   38ZC.   When may the question of mental impairment be raised?  
   38ZD.   Effect of finding of not guilty because of mental impairment  
   38ZE.   Appeal against mental impairment finding  
   38ZF.   Appeal against unconditional release  

           Division 5--Disposition of children declared to be liable to supervision

   38ZG.   Application of Division  
   38ZH.   Supervision orders  
   38ZI.   How long does a supervision order last?  
   38ZJ.   Appeal against supervision order  
   38ZK.   Non-compliance with non-custodial supervision order  
   38ZL.   Emergency power of apprehension  
   38ZM.   Warrant to arrest child breaching non-custodial supervision order who leaves Victoria  
   38ZN.   Application for variation or revocation of supervision order  
   38ZO.   Variation of custodial supervision orders on application or review  
   38ZP.   Variation or revocation of non-custodial supervision orders on application or review  
   38ZQ.   Transfer of supervision order for review by County Court  

           Division 6--Reports as to supervision and victim impact statements

   38ZR.   Court must order report as to supervision  
   38ZS.   Report to be prepared and filed  
   38ZT.   Contents of report  
   38ZU.   Report to be filed with court  
   38ZV.   Access to reports  
   38ZW.   Victim impact statements  

   PART 6--PRINCIPLES ON WHICH COURT IS TO ACT, REPORTS AND CERTIFICATES

   39.     Principle to be applied  
   40.     Matters to which the court is to have regard  
   41.     Reports on mental condition of persons declared liable to supervision  
   42.     Reports of family members and victims  
   43.     When and how is a report to be made?  
   44.     Distribution of report  
   45.     Admissibility of report  
   46.     Examination of victim or family member  
   47.     Certificate of available services  

   PART 7--LEAVE OF ABSENCE

           Division 1--Leave of absence

   48.     Application of Division  
   49.     What types of leave may be granted?  
   50.     Special leave  
   51.     What is on-ground leave?  
   52.     What are the surrounds?  
   53.     What is limited off-ground leave?  
   54.     Granting of on-ground or limited off-ground leave  
   54A.    Applicant profile  
   54B.    Leave plan or statement  
   55.     Suspension of special leave, on-ground leave or limited off‑ground leave  
   56.     What is extended leave?  
   57.     Granting of extended leave  
   57A.    Leave plan for extended leave  
   57B.    Appeals regarding extended leave  
   58.     Suspension and revocation of extended leave  
   58A.    Appeals regarding revocation of extended leave  

           Division 2--Forensic Leave Panel

   59.     Establishment of Panel  
   60.     Functions of the Panel  
   61.     Staff  
   62.     Secrecy  
   63.     Annual Report  

           Division 3--Procedure of Panel

   64.     Procedure of the Panel  
   65.     Evidence  
   66.     Reasons  
   67.     Appointment of people to assist the Panel  
   68.     Notice of hearings  
   69.     Hearing not invalidated due to lack of notice  
   70.     Appearance and representation at Panel hearings  
   71.     Proceedings to be closed to public  
   72.     Protection of members etc.  
   73.     Offences  

   PART 7A--INTERSTATE TRANSFER OF PERSONS SUBJECT TO SUPERVISION ORDERS

   73A.    Definitions  
   73B.    Corresponding laws and orders  
   73C.    Informed consent  
   73D.    Transfer of persons from Victoria to a participating State  
   73E.    Transfer of persons from a participating State to Victoria  
   73F.    Review of persons transferred to Victoria  
   73G.    Nominal term of supervision order  
   73H.    Appeal against unconditional release  

   PART 7B--PERSONS ABSCONDING TO VICTORIA FROM INTERSTATE

   73I.    Definitions  
   73J.    Warrant to arrest person who absconds to Victoria  
   73K.    Interim disposition order  
   73L.    Review of interim disposition order  
   73M.    Nominal term of supervision order  
   73N.    Appeal against unconditional release  

   PART 7C--INTERNATIONAL FORENSIC PATIENTS

   73O.    Definition  
   73P.    Review of international forensic patients  
   73Q.    Nominal term of supervision order  
   73R.    Appeal against unconditional release  

   PART 8--GENERAL

   74.     Service of notices of hearings to family members and victims  
   75.     Suppression orders  
   76.     Inadmissibility of evidence in other proceedings  
   76A.    Directions  
   76B.    Rules of court  
   76C.    Extension of time for filing notice of appeal  
   76D.    Powers which may be exercised by a single Judge of Appeal  
   78.     Abolition of Governor's pleasure orders  
   79.     Supreme Court—limitation of jurisdiction  
   80.     Regulations  

   PART 10--SAVINGS AND TRANSITIONAL PROVISIONS

   89.     Savings and transitional provisions  
   90.     International forensic patient—transitional provision  
   90A.    Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES