Victorian Current Acts

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

What happens at the end of an adjournment?

    (1)     At the end of the period of adjournment under section 38R(2), the child is presumed to be fit to stand trial unless a real and substantial question of fitness is raised again.

    (2)     If a real and substantial question of fitness is raised again, the Children's Court

        (a)     must proceed to hold a special hearing under Division 3 as soon as possible and in any event within 3 months; and

        (b)     may remand the child in custody or grant bail to the child or make any other order that the court considers appropriate for the safe custody of the child until the special hearing.

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



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