Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 19

Court may make orders pending making of supervision order

19. Court may make orders pending making of supervision order



(1) If the judge declares a defendant liable to supervision, the judge may
make any one or more of the following orders pending the making of a
supervision order-

   (a)  an order granting the defendant bail;

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

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



   (d)  if he or she 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 judge thinks appropriate.

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

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