Victorian Current Acts Victorian Current ActsS. 12(1) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(1) If the jury finds that the accused is fit to stand trial, the trial must be commenced or resumed in accordance with usual criminal procedures.
S. 12(2) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(2) If the jury finds that the accused is not fit to stand trial and the judge determines that the accused is likely to become fit within the next 12 months, the judge must adjourn the matter for the period specified under section 11(4)(b) and may—
S. 12(2)(a) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(a) grant the accused bail; or
S. 12(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(b) subject to subsection (3), remand the accused in custody in an appropriate place for a specified period (not exceeding the period specified under section 11(4)(b)); or
S. 12(2)(c) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(c) subject to subsection (4), remand the accused in custody in a prison for a specified period (not exceeding the period specified under section 11(4)(b)) ; or
(d) make any other order the judge thinks appropriate.
S. 12(3) amended by No. 68/2009 s. 97(Sch. item 39.8(b)).
(3) The judge must not remand an accused in custody in an appropriate place unless it has received a certificate under section 47 stating that the facilities or services necessary for that order are available.
S. 12(3) amended by No. 68/2009 s. 97(Sch. item 39.8(b)).
(4) The judge must not remand an accused in custody in a prison unless it is satisfied that there is no practicable alternative in the circumstances.
S. 12(5) amended by No. 68/2009 s. 97(Sch. item 39.8(a)).
(5) If the jury finds that the accused is not fit to stand trial and the judge determines that the accused is not likely to become fit within the next 12 months, the court must proceed to hold a special hearing under Part 3 within 3 months.