Victorian Current Acts Victorian Current ActsS. 13(1) amended by No. 68/2009 s. 97(Sch. item 39.9).
(1) At any time during a period of adjournment under section 12(2) the accused or the Director of Public Prosecutions may apply to the court—
S. 13(1)(a) amended by No. 68/2009 s. 97(Sch. item 39.9).
(a) for an order that the trial commence or resume, if the accused or the Director of Public Prosecutions is of the opinion that the accused has become fit to stand trial; or
S. 13(1)(b) amended by No. 68/2009 s. 97(Sch. item 39.9).
(b) for an order that the court proceed to hold a special hearing, if the accused or the Director of Public Prosecutions is of the opinion that the accused will not become fit to stand trial by the end of the period of 12 months after the first finding of unfitness.
S. 13(2) amended by No. 68/2009 s. 97(Sch. item 39.9).
(2) An application under subsection (1) must be accompanied by a report on the mental condition of the accused by a registered medical practitioner or registered psychologist.
(3) On an application under subsection (1) the court must—
(a) dismiss the application; or
S. 13(3)(b) amended by No. 68/2009 s. 97(Sch. item 39.9).
(b) if satisfied that the accused has become fit to stand trial, make an order that the trial commence or resume; or
S. 13(3)(c) amended by No. 68/2009 s. 97(Sch. item 39.9).
(c) if satisfied that the accused will not become fit to stand trial by the end of the period of 12 months after the first finding of unfitness, make an order that the court proceed to hold a special hearing within 3 months.