Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 11

Procedure on investigation

11. Procedure on investigation



(1) On an investigation into a defendant's fitness to stand trial-

   (a)  the court must hear any relevant evidence and submissions put to the
        court by the prosecution or the defence;

   (b)  if of the opinion that it is in the interests of justice to do so, the
        trial judge may-

   (i)  call evidence on his or her own initiative;

   (ii) require the defendant to undergo an examination by a registered
        medical practitioner or registered psychologist;

   (iii) require the results of any such examination to be put before the
        court.

(2) The Juries Act 2000 applies to an investigation as if the investigation
were a criminal trial.



(3) At the commencement of the investigation, the judge must explain to the
jury-

   (a)  the reason for the investigation; and

   (b)  the findings which may be made; and

   (c)  that the standard of proof required in relation to the defendant's
        fitness to stand trial is the balance of probabilities.

(4) If the jury finds that the defendant is unfit to stand trial, the judge
must-

   (a)  determine, by reference to any relevant evidence and on the balance of
        probabilities, whether or not the defendant is likely to become fit to
        stand trial within the next 12 months; and

   (b)  if the judge determines that the defendant is likely to become fit
        within the next 12 months, specify the period by the end of which the
        defendant is likely to be fit to stand trial.

(5) For the purposes of subsection (4) the judge may call further evidence on
his or her own initiative.

(6) The jury empanelled to decide the question of a defendant's fitness to
stand trial must not decide any other matter in relation to the proceedings
for the offence.