Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 14

What happens at the end of an adjournment?

14. What happens at the end of an adjournment?



(1) At the end of the period of adjournment under section 12(2), the defendant
is presumed to be fit to stand trial unless a real and substantial question of
fitness is raised again.

(2) If a real and substantial question of fitness is raised again, the judge
must-

   (a)  extend the period of adjournment for a further period, but not so that
        the total period since the first finding of unfitness exceeds 12
        months; or

   (b)  proceed to hold a special hearing under Part 3 within 3 months.

(3) If the judge extends the period of adjournment under subsection (2)(a),
the judge may make any order referred to in section 12(2) or vary any order
already made under that section (and for that purpose section 12(3) and (4)
apply accordingly).





(4) At the end of the period of adjournment-

   (a)  if the trial of the defendant has commenced, it must be resumed as
        soon as practicable in accordance with usual criminal procedures; or

   (b)  subject to subsection (5), if the trial has not commenced, it must be
        commenced within 3 months.

(5) The court before which the defendant is to be tried may at any time,
whether or not the period referred to in subsection (4)(b) has expired, extend
that period for a further period not exceeding 3 months.

(6) The period for commencement of a trial may be extended under subsection
(5) more than once.

(7) An extension of time under subsection (5) also serves, if necessary, as an
extension of time for the purposes of section 353(5) or 359A(2) of the
Crimes Act 1958 (as the case may be).

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