Victorian Current Acts

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

    (1)     If the question of the fitness of a child to stand trial arises or the defence of mental impairment is raised in a proceeding in the Children's Court—

        (a)     if the offence is punishable by level 2 imprisonment (25 years maximum), the Children's Court must be constituted by the President or, if the President is unavailable, a magistrate nominated by the President; or

        (b)     in any other case, the Children's Court must be constituted by the President or a magistrate.

    (2)     Section 504(8) of the Children, Youth and Families Act 2005 does not apply to a proceeding referred to in subsection (1).

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