Victorian Current Acts

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

    (1)     A child is unfit to stand trial for an indictable offence if, because the child's mental processes are disordered or impaired, the child is or, at some time during the hearing in the Children's Court, will be—

        (a)     unable to understand the nature of the charge; or

        (b)     unable to enter a plea to the charge; or

        (c)     unable to understand the nature of the hearing (namely that it is an inquiry as to whether the child committed the offence); or

        (d)     unable to follow the course of the hearing; or

        (e)     unable to understand the substantial effect of any evidence that may be given in support of the prosecution; or

        (f)     unable to give instructions to his or her legal practitioner.

    (2)     A child is not unfit to stand trial only because he or she is suffering from memory loss.

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