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

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Application to courts and proceedings  
• 5 Application to Magistrates' Court  
• 5A Application to Children's Court  

PART 2--UNFITNESS TO STAND TRIAL

Division 1--Jury determination of unfitness to stand trial

• 5C Application of this Division  
• 6 When is a person unfit to stand trial?  
• 7 Presumptions, standard of proof, etc.  
• 8 Committals  
• 9 Reservation of question of fitness to stand trial by court  
• 10 Court may make orders pending investigation into fitness  
• 11 Procedure on investigation  
• 12 What happens after an investigation?  
• 13 Abridgment of adjournment  
• 14 What happens at the end of an adjournment?  
• 14A Appeal in relation to fitness to stand trial  

Division 2--Determination of unfitness to stand trial by judge alone

• 14B Application of this Division  
• 14C Question of a person's fitness to stand trial  
• 14D Procedure on investigation  
• 14E Findings of investigation into fitness to stand trial  
• 14F What happens after an investigation?  
• 14G Abridgment of adjournment  
• 14H What happens at the end of an adjournment?  
• 14I Appeal in relation to fitness to stand trial  
• 14J Application of Juries Act 2000  
• 14K Repeal of this Division  

PART 3--SPECIAL HEARINGS

• 15 Purpose of special hearings  
• 16 Procedure at special hearings  
• 17 Findings at special hearings  
• 18 Effect of findings  
• 19 Court may make orders pending making of supervision order  
• 19A Appeal against unconditional release  

PART 4--DEFENCE OF MENTAL IMPAIRMENT

• 20 Defence of mental impairment  
• 21 Presumptions, standard of proof, etc.  
• 22 When may the question of mental impairment be raised?  
• 23 Effect of finding of not guilty because of mental impairment  
• 24 Court may make orders pending making of supervision order  
• 24AA Appeal against mental impairment verdict  
• 24A Appeal against unconditional release  
• 25 Abrogation of defence of insanity  

PART 5--DISPOSITION OF PEOPLE DECLARED TO BE LIABLE TO SUPERVISION

• 26 Supervision orders  
• 27 How long does a supervision order last?  
• 28 Nominal term of supervision order  
• 28A Appeal against supervision order  
• 29 Non-compliance with non-custodial supervision order  
• 30 Emergency power of apprehension  
• 30A Warrant to arrest person breaching non-custodial supervision order who leaves Victoria  
• 30B Warrant to arrest person subject to custodial supervision order who leaves Victoria  
• 31 Application for variation or revocation of supervision order  
• 32 Variation of custodial supervision orders  
• 33 Variation or revocation of non-custodial supervision orders  
• 34 Appeal against confirmation or variation of supervision orders  
• 34A Appeal against revocation of non-custodial supervision orders  
• 35 Major reviews  
• 36 Person subject to supervision order has right to appear  
• 37 Other parties may appear  
• 38 Rules of evidence not to apply in certain hearings  
• 38A Notice of hearings to persons subject to supervision orders  
• 38B Notice of hearings to DPP, Attorney-General and Secretary to Department of Health and Human Services  
• 38C Notice of hearings to family members and victims  
• 38D Appointment of person to receive notice on behalf of child  
• 38E Provision of information to family members and victims  
• 38F List of family members  

PART 5A--PROCEEDINGS IN THE CHILDREN'SCOURT AND APPEALS FROM THOSE PROCEEDINGS

Division 1--General

• 38G Application of Part  
• 38H Definitions  
• 38I Constitution of Children's Court  
• 38J Remand in custody  

Division 2--Unfitness to stand trial

• 38K When is a child unfit to stand trial?  
• 38L Presumptions, standard of proof etc.  
• 38M Committals  
• 38N Reservation of question of fitness to stand trial by Children's Court  
• 38O Time limit for investigation into fitness  
• 38P Children's Court may make orders pending investigation into fitness  
• 38Q Procedure on investigation  
• 38R What happens after an investigation?  
• 38S Abridgment of adjournment  
• 38T What happens at the end of an adjournment?  
• 38U Appeal in relation to fitness to stand trial  

Division 3--Special hearings

• 38V Purpose of special hearings  
• 38W Procedure at special hearings  
• 38X Findings at special hearings  
• 38Y Effect of findings  
• 38Z Court may make orders pending making of supervision order  
• 38ZAA Appeal against unconditional release  

Division 4--Defence of mental impairment

• 38ZA Defence of mental impairment  
• 38ZB Presumptions, standard of proof etc.  
• 38ZC When may the question of mental impairment be raised?  
• 38ZD Effect of finding of not guilty because of mental impairment  
• 38ZE Appeal against mental impairment finding  
• 38ZF Appeal against unconditional release  

Division 5--Disposition of children declared to be liable to supervision

• 38ZG Application of Division  
• 38ZH Supervision orders  
• 38ZI How long does a supervision order last?  
• 38ZJ Appeal against supervision order  
• 38ZK Non-compliance with non-custodial supervision order  
• 38ZL Emergency power of apprehension  
• 38ZM Warrant to arrest child breaching non-custodial supervision order who leaves Victoria  
• 38ZN Application for variation or revocation of supervision order  
• 38ZO Variation of custodial supervision orders on application or review  
• 38ZP Variation or revocation of non-custodial supervision orders on application or review  
• 38ZQ Transfer of supervision order for review by County Court  

Division 6--Reports as to supervision and victim impact statements

• 38ZR Court must order report as to supervision  
• 38ZS Report to be prepared and filed  
• 38ZT Contents of report  
• 38ZU Report to be filed with court  
• 38ZV Access to reports  
• 38ZW Victim impact statements  

PART 6--PRINCIPLES ON WHICH COURT IS TO ACT, REPORTS AND CERTIFICATES

• 39 Principle to be applied  
• 40 Matters to which the court is to have regard  
• 41 Reports on mental condition of persons declared liable to supervision  
• 42 Reports of family members and victims  
• 43 When and how is a report to be made?  
• 44 Distribution of report  
• 45 Admissibility of report  
• 46 Examination of victim or family member  
• 47 Certificate of available services  

PART 7--LEAVE OF ABSENCE

Division 1--Leave of absence

• 48 Application of Division  
• 49 What types of leave may be granted?  
• 50 Special leave  
• 51 What is on-ground leave?  
• 52 What are the surrounds?  
• 53 What is limited off-ground leave?  
• 54 Granting of on-ground or limited off-ground leave  
• 54A Applicant profile  
• 54B Leave plan or statement  
• 55 Suspension of special leave, on-ground leave or limited off‑ground leave  
• 56 What is extended leave?  
• 57 Granting of extended leave  
• 57A Leave plan for extended leave  
• 57B Appeals regarding extended leave  
• 58 Suspension and revocation of extended leave  
• 58A Appeals regarding revocation of extended leave  

Division 2--Forensic Leave Panel

• 59 Establishment of Panel  
• 60 Functions of the Panel  
• 61 Staff  
• 62 Secrecy  
• 63 Annual Report  

Division 3--Procedure of Panel

• 64 Procedure of the Panel  
• 65 Evidence  
• 66 Reasons  
• 67 Appointment of people to assist the Panel  
• 68 Notice of hearings  
• 69 Hearing not invalidated due to lack of notice  
• 70 Appearance and representation at Panel hearings  
• 71 Proceedings to be closed to public  
• 72 Protection of members etc.  
• 73 Offences  

PART 7A--INTERSTATE TRANSFER OF PERSONS SUBJECT TO SUPERVISION ORDERS

• 73A Definitions  
• 73B Corresponding laws and orders  
• 73C Informed consent  
• 73D Transfer of persons from Victoria to a participating State  
• 73E Transfer of persons from a participating State to Victoria  
• 73F Review of persons transferred to Victoria  
• 73G Nominal term of supervision order  
• 73H Appeal against unconditional release  

PART 7B--PERSONS ABSCONDING TO VICTORIA FROM INTERSTATE

• 73I Definitions  
• 73J Warrant to arrest person who absconds to Victoria  
• 73K Interim disposition order  
• 73L Review of interim disposition order  
• 73M Nominal term of supervision order  
• 73N Appeal against unconditional release  

PART 7C--INTERNATIONAL FORENSIC PATIENTS

• 73O Definition  
• 73P Review of international forensic patients  
• 73Q Nominal term of supervision order  
• 73R Appeal against unconditional release  

PART 8--GENERAL

• 74 Service of notices of hearings to family members and victims  
• 75 Suppression orders  
• 76 Inadmissibility of evidence in other proceedings  
• 76A Directions  
• 76B Rules of court  
• 76C Extension of time for filing notice of appeal  
• 76D Powers which may be exercised by a single Judge of Appeal  
• 78 Abolition of Governor's pleasure orders  
• 79 Supreme Court—limitation of jurisdiction  
• 80 Regulations  

PART 10--SAVINGS AND TRANSITIONAL PROVISIONS

• 89 Savings and transitional provisions  
• 90 International forensic patient—transitional provision  
• 90A Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021  
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
ENDNOTES