Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 8

Committals

8. Committals



(1) If the question of a defendant's fitness to stand trial arises at a
committal hearing for an indictable offence-

   (a)  the committal hearing must be completed in accordance with Schedule 5
        to the Magistrates' Court Act 1989; and

   (b)  the defendant must not be discharged only because the question has
        been raised; and

   (c)  if the defendant is committed for trial, the question must be reserved
        for consideration by the trial judge.

(2) Subject to subsection (3), if a defendant is committed for trial and the
question of his or her fitness to stand trial has been reserved under
subsection (1)(c)-

   (a)  a presentment or indictment must be filed in respect of the offence;
        and

   (b)  the issue of whether there is a real and substantial question as to
        the defendant's fitness to stand trial must be determined by the trial
        judge; and

   (c)  if the judge determines that there is a real and substantial question,
        an investigation must be held under this Part-

within 3 months after the committal.

(3) The court before which the defendant is to be tried may at any time,
whether or not the period referred to in subsection (2) has expired, extend
the period for a further period not exceeding 3 months.

(4) The period referred to in subsection (2) may be extended under subsection
(3) more than once.