Victorian Current Acts Victorian Current Acts(1) If the court finds that the accused is fit to stand trial, the trial must be commenced or resumed in accordance with usual criminal procedures.
(2) If the court finds that the accused is not fit to stand trial but determines that the accused is likely to become fit within the next 12 months, the court must adjourn the matter for the period specified under section 14D(4)(b) and may—
(a) grant the accused bail; or
(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 14D(4)(b)); or
(c) subject to subsection (4), remand the accused in custody in a prison for a specified period (not exceeding the period specified under section 14D(4)(b)) ; or
(d) make any other order the court thinks appropriate.
(3) The court 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.
(4) The court must not remand an accused in custody in a prison unless it is satisfied that there is no practicable alternative in the circumstances.
(5) If the court finds that the accused is not fit to stand trial and determines that the accused is not likely to become fit within the next 12 months, the court must hold a special hearing under Part 3 within 3 months and may—
(a) either—
(i) grant the accused bail; or
(ii) subject to subsections (3) and (4), remand the accused in custody as described in subsection (2)(b) or (c); and
(b) make any other order the court thinks appropriate.
S. 14G inserted by No. 11/2021 s. 122.