Victorian Current Acts Victorian Current Acts(1) At any time after a charge-sheet has been filed against a child, if it appears to the Children's Court that there is a real and substantial question as to the fitness of the child to stand trial, the court must reserve for investigation under this Division the question of the fitness of the child to stand trial.
(2) At any time during a hearing in the Children's Court, if it appears to the court that there is a real and substantial question as to the fitness of the child to stand trial, the court must adjourn or discontinue the hearing and proceed with an investigation under this Division.
(3) Nothing in this Act prevents the question of the fitness of a child to stand trial from being raised more than once in the same proceeding.
Note
See section 38L(6) for the requirement that reasonable notice be given to the prosecution if the defence intends to raise the question of fitness to stand trial.
S. 38O
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).