Victorian Current Acts

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

    (1)     A child is presumed to be fit to stand trial.

    (2)     The presumption is rebutted only if it is established, on an investigation under this Division, that the child is unfit to stand trial.

    (3)     The question of a child's fitness to stand trial—

        (a)     is a question of fact; and

        (b)     is to be determined on the balance of probabilities.

    (4)     If the question of a child's fitness to stand trial is raised by the prosecution or the defence, the party raising it bears the onus of rebutting the presumption of fitness.

    (5)     If the question is raised by the Children's Court, the prosecution has carriage of the matter, but no party bears any onus of proof in relation to it.

    (6)     If the defence intends to raise the question of a child's fitness to stand trial, the defence must give reasonable notice of that intention to the prosecution.

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