Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 14G

    (1)     At any time during a period of adjournment under section 14F(2), the accused or the Director of Public Prosecutions may apply to the court—

        (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

        (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.

    (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

        (b)     if satisfied that the accused has become fit to stand trial, make an order that the trial commence or resume; or

        (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.

S. 14H inserted by No. 11/2021 s. 122.