Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 10

Court may make orders pending investigation into fitness

10. Court may make orders pending investigation into fitness



(1) A court that reserves for investigation the question of a defendant's
fitness to stand trial may make any one or more of the following orders-

   (a)  an order granting the defendant bail;

   (b)  subject to subsection (2), an order remanding the defendant in custody
        in an appropriate place for a specified period;

   (c)  subject to subsection (3), an order remanding the defendant in custody
        in a prison for a specified period;

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

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

   (ii) that the results of the examination be put before the court;

   (e)  any other order the court thinks appropriate.

(2) The court must not make an order remanding a defendant in custody in an
appropriate place unless it has received a certificate under section 47
stating that the facilities or services necessary for that order are
available.

(3) The court must not make an order remanding a defendant in custody in a
prison unless satisfied that there is no practicable alternative in the
circumstances.