Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 73R

    (1)     The Attorney-General may appeal to the Court of Appeal against an order for unconditional release under section 73P(4)(b) if he or she considers that—

        (a)     the order should not have been made; and

        (b)     an appeal should be brought in the public interest.

    (2)     An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.

    (3)     A notice of appeal under subsection (2) must be signed by the Attorney-General personally.

    (4)     A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed.

    (5)     The Attorney-General must provide a copy of the notice of appeal to the Australian legal practitioner who last represented the respondent in the review under section 73P, if that Australian legal practitioner can reasonably be identified.

    (6)     On an appeal under subsection (1), the Court of Appeal may—

        (a)     confirm the order; or

        (b)     set aside the order and make a supervision order in respect of the person as if the person had been declared to be liable to supervision under Part 5; or

        (c)     set aside the order and remit the matter, with or without directions, to the court that made the order for unconditional release.

    (7)     If the Court of Appeal remits a matter to a court under subsection (6)(c), that court must make a supervision order in respect of the person in accordance with this Act and any directions given by the Court of Appeal.

    (8)     The Court of Appeal may make any one or more of the following orders pending the making of a supervision order under this section—

        (a)     an order granting the person bail;

        (b)     subject to subsection (9), an order remanding the person in custody in an appropriate place;

        (c)     subject to subsection (10), an order remanding the person in custody in a prison or any other place;

        (d)     if it is of the opinion that it is in the interests of justice to do so, an order that—

              (i)     the person undergo an examination by a registered medical practitioner or registered psychologist; and

              (ii)     the results of the examination be put before the court that is to make the supervision order;

        (e)     any other order the court thinks appropriate.

    (9)     The Court of Appeal must not make an order remanding a person in custody in an appropriate place unless the Court of Appeal has received a certificate under section 47 stating that the facilities or services necessary for that order are available.

    (10)     The Court of Appeal must not make an order remanding a person in custody in a prison unless satisfied that there is no practicable alternative in the circumstances.

Part 8—General