Victorian Current Acts Victorian Current Acts(1) At the end of the period of adjournment under section 14F(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 court 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 court extends the period of adjournment, the court may make any order referred to in section 14F(2) or vary any order already made under that section and for that purpose section 14F(3) and (4) apply accordingly.
(4) At the end of the period of adjournment—
(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.
(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.
(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. 14I inserted by No. 11/2021 s. 122.