Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 5

Application to Magistrates' Court

5. Application to Magistrates' Court



(1) The defence of mental impairment as provided for in section 20(1) and the
presumption in section 21(1) apply to summary offences and to indictable
offences tried summarily.

(2) If the Magistrates' Court finds a person not guilty because of mental
impairment of a summary offence or an indictable offence tried summarily, the
Magistrates' Court must discharge the person.

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