Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 36

Defendant to be present at hearings

36. Defendant to be present at hearings



(1) Unless subsection (4) applies, a person has the right to appear before the
court in person at any hearing in which the court is considering-

   (a)  making, varying or revoking a supervision order in respect of the
        person; or

   (b)  granting extended leave to the person; or

   (c)  revoking a grant of extended leave to the person.

(2) If the person decides not to appear before the court, the court must
satisfy itself that they have been informed of their right to appear.

(3) The person may be legally represented at any hearing referred to in
subsection (1).

(4) If the court is satisfied that the appearance of the person before the
court would be detrimental to the person's health, the court may order that
the person not appear at the hearing in person.

(5) If the person is in custody, the court may order the person in charge of
the place in which they are in custody to cause them to be brought before the
court for the purposes of the hearing.

(6) Section 360A of the Crimes Act 1958 (adjournment or stay of trial) applies
to a hearing referred to in subsection (1) as if the hearing were a criminal
trial.

(7) Nothing in Part IIA of the Evidence Act 1958 applies to a hearing referred
to in subsection (1).