Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38G

    (1)     This Part applies to—

        (a)     indictable offences heard and determined summarily by the Children's Court; and

        (b)     committal proceedings in the Children's Court; and

        (c)     appeals from—

              (i)     a finding by the Children's Court that a child is unfit to stand trial; and

              (ii)     a finding by the Children's Court that a child is not guilty of an indictable offence because of mental impairment; and

              (iii)     the making of a supervision order by the Children's Court; and

        (d)     appeals by the Director of Public Prosecutions against an order by the Children's Court for unconditional release of a child found not guilty because of mental impairment of an indictable offence.

    (2)     Division 4 and this Division apply to—

        (a)     summary offences heard and determined by the Children's Court; and

        (b)     appeals from a finding by the Children's Court that a child is not guilty of a summary offence because of mental impairment.

    (3)     Parts 6 (other than sections 39, 40(1) and  47), 7, 7A and 7B do not apply to an order under this Part.

S. 38H inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).