Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 7

    (1)     A person is presumed to be fit to stand trial.

    (2)     The presumption is rebutted only if it is established, on an investigation under this Part, that the person is unfit to stand trial.

    (3)     The question of a person's fitness to stand trial—

        (a)     is a question of fact; and

        (b)     is to be determined on the balance of probabilities by a jury empanelled for that purpose.

    (4)     If the question of a person's fitness to stand trial is raised by the prosecution or the defence, the party raising it bears the onus of rebutting the presumption of fitness.

    (5)     If the question is raised by the trial judge, the prosecution has carriage of the matter, but no party bears any onus of proof in relation to it.