Victorian Current Acts Victorian Current ActsS. 8(1) amended by No. 68/2009 s. 97(Sch.
item 39.2(a)
(b)).
(1) If the question of the fitness of an accused to stand trial arises in a committal proceeding for an indictable offence—
S. 8(1)(a) substituted by No. 68/2009 s. 97(Sch. item 39.2(c)).
(a) the committal proceeding must be completed in accordance with Chapter 4 of the Criminal Procedure Act 2009 ; and
S. 8(1)(b) amended by No. 68/2009 s. 97(Sch. item 39.2(d)).
(b) the accused must not be discharged only because the question has been raised; and
S. 8(1)(c) amended by No. 68/2009 s. 97(Sch. item 39.2(d)).
(c) if the accused is committed for trial, the question must be reserved for consideration by the trial judge.
S. 8(2) amended by No. 68/2009 s. 97(Sch. item 39.3(a)).
(2) Subject to subsection (3), if an accused is committed for trial and the question of his or her fitness to stand trial has been reserved under subsection (1)(c)—
S. 8(2)(a) amended by No. 68/2009 s. 97(Sch. item 39.3(b)).
(a) an indictment must be filed in respect of the offence; and
S. 8(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.3(c)).
(b) the issue of whether there is a real and substantial question as to the fitness of the accused to stand trial must be determined by the trial judge; and
(c) if the judge determines that there is a real and substantial question, an investigation must be held under this Part—
within 3 months after the committal.
S. 8(3) amended by No. 68/2009 s. 97(Sch. item 39.4).
(3) The court before which the accused is to be tried may at any time, whether or not the period referred to in subsection (2) has expired, extend the period for a further period not exceeding 3 months.
(4) The period referred to in subsection (2) may be extended under subsection (3) more than once.