Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 13

Abridgment of adjournment

13. Abridgment of adjournment



(1) At any time during a period of adjournment under section 12(2) the
defendant or the Director of Public Prosecutions may apply to the court-

   (a)  for an order that the trial commence or resume, if the defendant or
        the Director of Public Prosecutions is of the opinion that the
        defendant has become fit to stand trial; or

   (b)  for an order that the court proceed to hold a special hearing, if the
        defendant or the Director of Public Prosecutions is of the opinion
        that the defendant will not become fit to stand trial by the end of
        the period of 12 months after the first finding of unfitness.

(2) An application under subsection (1) must be accompanied by a report on the
mental condition of the defendant by a registered medical practitioner or
registered psychologist.





(3) On an application under subsection (1) the court must-

   (a)  dismiss the application; or

   (b)  if satisfied that the defendant has become fit to stand trial, make an
        order that the trial commence or resume; or

   (c)  if satisfied that the defendant will not become fit to stand trial by
        the end of the period of 12 months after the first finding of
        unfitness, make an order that the court proceed to hold a special
        hearing within 3 months.