Victorian Current Acts

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

    (1)     At any time during a period of adjournment under section 38R(2) the child or the prosecutor may apply to the Children's Court—

        (a)     for an order that the hearing commence or resume, if the child or the prosecutor is of the opinion that the child has become fit to stand trial; or

        (b)     for an order that the court proceed to hold a special hearing, if the child or the prosecutor is of the opinion that the child will not become fit to stand trial by the end of the period of 6 months after the first finding of unfitness.

    (2)     An application under subsection (1) must be accompanied by a report on the mental condition of the child by a registered medical practitioner or registered psychologist.

    (3)     On an application under subsection (1) the Children's Court must—

        (a)     dismiss the application; or

        (b)     if satisfied that the child has become fit to stand trial, make an order that the hearing commence or resume as soon as possible; or

        (c)     if satisfied that the child will not become fit to stand trial by the end of the period of 6 months after the first finding of unfitness, make an order that the court proceed to hold a special hearing as soon as possible and in any event within 3 months.

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