Victorian Current Acts

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

    (1)     If the question of the fitness of a child to stand trial arises in a committal proceeding for an indictable offence—

        (a)     the committal proceeding must be completed in accordance with Chapter 4 of the Criminal Procedure Act 2009 ; and

        (b)     the child must not be discharged only because the question has been raised; and

        (c)     if the child is committed for trial, the question must be reserved for consideration by the trial judge.

    (2)     If a child is committed for trial and the question of his or her fitness to stand trial has been reserved under subsection (1)(c)—

        (a)     an indictment must be filed in respect of the offence; and

        (b)     the issue of whether there is a real and substantial question as to the fitness of the child to stand trial must be determined by the trial judge; and

        (c)     if the trial judge determines that there is a real and substantial question, an investigation must be held under Part 2.

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