Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 22

    (1)     The question of mental impairment may be raised at any time during a trial by the defence or, with the leave of the trial judge, by the prosecution.

S. 22(2) amended by No. 77/2005 s. 10(3).

    (2)     If there is admissible evidence that raises the question of mental impairment and a jury has been empanelled—

        (a)     the judge must direct the jury to consider the question and explain to the jury the findings which may be made and the legal consequences of those findings; and

S. 22(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.19).

        (b)     if the jury finds the accused not guilty, it must specify in its verdict whether or not it so finds because of mental impairment.

S. 22(3) amended by No. 68/2009 s. 97(Sch. item 39.20).

    (3)     An accused must not be discharged in a committal proceeding only because the defence of mental impairment has been raised.

S. 23 amended by No. 68/2009 s. 97(Sch. item 39.21).