Victorian Current Acts Victorian Current ActsS. 14(1) amended by No. 68/2009 s. 97(Sch. item 39.10).
(1) At the end of the period of adjournment under section 12(2), the accused is presumed to be fit to stand trial unless a real and substantial question of fitness is raised again.
(2) If a real and substantial question of fitness is raised again, the judge must—
(a) extend the period of adjournment for a further period, but not so that the total period since the first finding of unfitness exceeds 12 months; or
(b) proceed to hold a special hearing under Part 3 within 3 months.
(3) If the judge extends the period of adjournment under subsection (2)(a), the judge may make any order referred to in section 12(2) or vary any order already made under that section (and for that purpose section 12(3) and (4) apply accordingly).
(4) At the end of the period of adjournment—
S. 14(4)(a) amended by No. 68/2009 s. 97(Sch. item 39.10).
(a) if the trial of the accused has commenced, it must be resumed as soon as practicable in accordance with usual criminal procedures; or
(b) subject to subsection (5), if the trial has not commenced, it must be commenced within 3 months.
S. 14(5) amended by No. 68/2009 s. 97(Sch. item 39.10).
(5) The court before which the accused is to be tried may at any time, whether or not the period referred to in subsection (4)(b) has expired, extend that period for a further period not exceeding 3 months.
(6) The period for commencement of a trial may be extended under subsection (5) more than once.
S. 14(7) amended by No. 7/2009 s. 425(b) (as amended by No. 68/2009 s. 54(k)).
(7) An extension of time under subsection (5) also serves, if necessary, as an extension of time for the purposes of section 211 or 212 of the Criminal Procedure Act 2009 (as the case may be).
S. 14A
(Heading)
amended by No. 55/2014 s. 124.
S. 14A inserted by No. 7/2009 s. 423 (as amended by No. 68/2009 ss 44, 54(i)).