Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 7

Presumptions, standard of proof, etc.

7. Presumptions, standard of proof, etc.



(1) A person is presumed to be fit to stand trial.

(2) The presumption is rebutted only if it is established, on an investigation
under this Part, that the person is unfit to stand trial.







(3) The question of a person's fitness to stand trial-

   (a)  is a question of fact; and

   (b)  is to be determined on the balance of probabilities by a jury
        empanelled for that purpose.

(4) If the question of a person's fitness to stand trial is raised by the
prosecution or the defence, the party raising it bears the onus of rebutting
the presumption of fitness.

(5) If the question is raised by the trial judge, the prosecution has carriage
of the matter, but no party bears any onus of proof in relation to it.