Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 12

What happens after an investigation?

12. What happens after an investigation?



(1) If the jury finds that the defendant is fit to stand trial, the trial must
be commenced or resumed in accordance with usual criminal procedures.

(2) If the jury finds that the defendant is not fit to stand trial and the
judge determines that the defendant is likely to become fit within the next 12
months, the judge must adjourn the matter for the period specified under
section 11(4)(b) and may-

   (a)  grant the defendant bail; or

   (b)  subject to subsection (3), remand the defendant in custody in an
        appropriate place for a specified period (not exceeding the period
        specified under section 11(4)(b)); or

   (c)  subject to subsection (4), remand the defendant in custody in a prison
        for a specified period (not exceeding the period specified under
        section 11(4)(b)); or

   (d)  make any other order the judge thinks appropriate.



(3) The judge must not remand 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.

(4) The judge must not remand a defendant in custody in a prison unless it is
satisfied that there is no practicable alternative in the circumstances.

(5) If the jury finds that the defendant is not fit to stand trial and the
judge determines that the defendant is not likely to become fit within the
next 12 months, the court must proceed to hold a special hearing under Part 3
within 3 months.