Victorian Consolidated Legislation

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

No. 65 of 1997
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Application to courts and proceedings
   5.      Application to Magistrates' Court

   PART 2-UNFITNESS TO STAND TRIAL

   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?

   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
   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.     Defendant to be present at hearings
   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 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 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 defendants
   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 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.    Court rules for appeals
   77.     Repealed
   78.     Abolition of Governor's pleasure orders
   79.     Supreme Court-limitation of jurisdiction
   80.     Regulations

   PART 9-Repealed

           81-88. Repealed

   PART 10-SAVINGS AND TRANSITIONAL PROVISIONS

   89.     Savings and transitional provisions
           __________________
           SCHEDULE 1-Provisions with respect to members of the Panel
           1. Judicial members
           2. Other members
           3. Acting members
           4. Judicial members
           5. General provisions as to members
           SCHEDULE 2-Provisions with respect to the procedure of
           the Panel
           1. Constitution of Panel for hearings
           2. Procedure of the Panel
           3. Determination of questions of law
           4. Directions as to arrangement of business and procedure
           5. Sittings of the Panel
           6. Powers of Panel
           7. Reasons to be signed
           8. Power to amend determination
           SCHEDULE 3-Savings and transitional provisions
           1. Definitions
           2. Existing detainees
           3. Leave
           4. Revocation of supervision order
           5. Persons released under section 498 of Crimes Act 1958.
           6. Unfitness to stand trial
           7. Mental impairment and insanity
           8. Periodic major reviews
           9. Notification requirements
           10. Appeals
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details