Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 22

When may the question of mental impairment be raised?

22. When may the question of mental impairment be raised?



(1) The question of mental impairment may be raised at any time during a trial
by the defence or, with the leave of the trial judge, by the prosecution.

(2) If there is admissible evidence that raises the question of mental
impairment and a jury has been empanelled-

   (a)  the judge must direct the jury to consider the question and explain to
        the jury the findings which may be made and the legal consequences of
        those findings; and

   (b)  if the jury finds the defendant not guilty, it must specify in its
        verdict whether or not it so finds because of mental impairment.

(3) A defendant must not be discharged at a committal hearing only because the
defence of mental impairment has been raised.