Victorian Current Acts Victorian Current Acts(1) If the Children's Court makes a finding under section 38X(1)(a), the child is to be taken for all purposes to have been found not guilty at a hearing and determination of the charge.
(2) A finding under section 38X(1)(b) is to be taken for all purposes to be a finding of not guilty because of mental impairment at a hearing and determination of the charge.
Note
Section 38ZE provides for appeals against a finding of not guilty because of mental impairment.
(3) A finding under section 38X(1)(c)—
(a) constitutes a qualified finding of guilt and does not constitute a basis in law for any conviction for the offence to which the finding relates; and
(b) constitutes a bar to further prosecution in respect of the same circumstances; and
(c) is subject to appeal in the same manner as if the child had been convicted of the offence in a hearing and determination of the charge.
(4) If the Children's Court makes a finding under section 38X(1)(c), the court must—
(a) declare that the child is liable to supervision under Division 5; or
(b) order the child to be released unconditionally.
(5) The Children's Court must not declare a child liable to supervision unless the court considers that the declaration is necessary in all the circumstances including—
(a) whether adequate supervision is available in the community; and
(b) whether the child has complied with community supervision and the extent of that compliance; and
(c) whether a declaration is required for the protection of the child or the community.
(6) The Children's Court must not order a child to be released unconditionally unless the court is satisfied that, if necessary, the child is receiving appropriate treatment or support for the child's mental health or disability.
(7) The Children's Court may adjourn a hearing to enable evidence of the matters referred to in subsections (5) and (6) to be obtained.
S. 38Z
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).