Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 5A

    (1)     If the Children's Court has jurisdiction to hear and determine an indictable offence, the Children's Court may determine in accordance with Part 5A—

        (a)     the fitness of an accused to stand trial for the offence; and

        (b)     a defence of mental impairment raised to the offence.

Note

Section 516 of the Children, Youth and Families Act 2005 sets out the jurisdiction of the Criminal Division of the Children's Court.

    (2)     The defence of mental impairment as provided for in section 38ZA and the presumption in section 38ZB(1) apply to summary offences and to indictable offences heard and determined summarily in the Children's Court.

    (3)     If the Children's Court finds a child not guilty because of mental impairment of a summary offence, the Children's Court must discharge the child.

Part 2—Unfitness to stand trial

Pt 2 Div. 1 (Heading and s. 5C) inserted by No. 11/2021 s. 121.

Division 1—Jury determination of unfitness to stand trial

S. 5C inserted by No. 11/2021 s. 121.