Victorian Current Acts

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

    (1)     If a child is found not guilty because of mental impairment of an indictable offence heard and determined summarily in the Children's Court, the court must—

        (a)     declare that the child is liable to supervision under Division 5; or

        (b)     order the child to be released unconditionally.

    (2)     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.

    (3)     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.

    (4)     The Children's Court may adjourn a hearing to enable evidence of the matters referred to in subsections (2) and (3) to be obtained.

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