Victorian Current Acts

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

    (1)     On an investigation into the fitness of a child to stand trial—

        (a)     the Children's Court must hear any relevant evidence and submissions put to the court by the prosecution or the defence; and

        (b)     if it is of the opinion that it is in the interests of justice to do so, the Children's Court may—

              (i)     call evidence on its own initiative; and

              (ii)     require the child to undergo an examination by a registered medical practitioner or registered psychologist; and

              (iii)     require the results of any such examination to be put before the court.

    (2)     Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an investigation, and for the purposes of the application of Part 3.10 the investigation is taken to be a criminal proceeding.

    (3)     If the Children's Court finds that the child is unfit to stand trial, the court must—

        (a)     determine, by reference to any relevant evidence and on the balance of probabilities, whether or not the child is likely to become fit to stand trial within the next 6 months; and

        (b)     if the court determines that the child is likely to become fit within the next 6 months, specify the period by the end of which the child is likely to be fit to stand trial.

    (4)     For the purposes of subsection (3) the Children's Court may call further evidence on its own initiative.

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