Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 9

Reservation of question of fitness to stand trial by court

9. Reservation of question of fitness to stand trial by court



(1) At any time after a presentment or indictment has been filed, if it
appears to the court before which the defendant is to be tried that there is a
real and substantial question as to the defendant's fitness to stand trial,
the court must reserve the question of the defendant's fitness to stand trial
for investigation under this Part.

(2) At any time during a trial, if it appears to the trial judge that there is
a real and substantial question as to the defendant's fitness to stand trial,
the judge must adjourn or discontinue the trial and proceed with an
investigation under this Part.

(3) Nothing in this Act prevents the question of a defendant's fitness to
stand trial from being raised more than once in the same proceedings.

(4) For the purposes of sections 353(3) and 359A of the Crimes Act 1958, time
ceases to run from the time that the question of a defendant's fitness to be
tried is reserved for investigation until the investigation has been
completed.