Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 19A

    (1)     The Director of Public Prosecutions may appeal to the Court of Appeal against an order for unconditional release under section 18(4)(b) if he or she considers that—

        (a)     the order should not have been made; and

        (b)     an appeal should be brought in the public interest.

S. 19A(1A) inserted by No. 68/2009 s. 97(Sch. item 39.17).

    (1A)     An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.

S. 19A(1B) inserted by No. 68/2009 s. 97(Sch. item 39.17).

    (1B)     A notice of appeal under subsection (1A) must be signed by the Director of Public Prosecutions personally.

S. 19A(1C) inserted by No. 68/2009 s. 97(Sch. item 39.17).

    (1C)     A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.

S. 19A(1D) inserted by No. 68/2009 s. 97(Sch. item 39.17).

    (1D)     The Director of Public Prosecutions must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the special hearing, if that legal practitioner can reasonably be identified.

    (2)     On an appeal under subsection (1), the Court of Appeal may—

        (a)     confirm the order; or

S. 19A(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.16).

        (b)     set aside the order and by order declare that the person is liable to supervision under Part 5.

S. 19A(3) amended by No. 68/2009 s. 97(Sch. item 39.16(b)).

    (3)     If the Court of Appeal declares a person liable to supervision, the Court of Appeal may—

        (a)     remit the matter, with or without directions, to the court that made the order for unconditional release; or

S. 19A(3)(b) amended by No. 68/2009 s. 97(Sch. item 39.16(b)).

        (b)     make a supervision order in respect of the person.

S. 19A(4) amended by No. 68/2009 s. 97(Sch. item 39.16(b)).

    (4)     If the Court of Appeal remits a matter to a court under subsection (3)(a), that court must make a supervision order in respect of the person in accordance with this Act and any directions given by the Court of Appeal.

S. 19A(5) amended by No. 68/2009 s. 97(Sch. item 39.16(b)).

    (5)     The Court of Appeal may make any order that the judge could have made under section 19 pending the making of a supervision order in respect of the person.

Part 4—Defence of mental impairment