Victorian Current Acts Victorian Current ActsS. 11(1) amended by No. 68/2009 s. 97(Sch. item 39.7(a)).
(1) On an investigation into the fitness of an accused to stand trial—
(a) the court must hear any relevant evidence and submissions put to the court by the prosecution or the defence;
(b) if of the opinion that it is in the interests of justice to do so, the trial judge may—
(i) call evidence on his or her own initiative;
S. 11(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 39.7(b)).
(ii) require the accused to undergo an examination by a registered medical practitioner or registered psychologist;
(iii) require the results of any such examination to be put before the court.
S. 11(1A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 13.1).
(1A) Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an investigation, and for the purposes of the application of Part 3.10 the investigation is taken to be a criminal proceeding.
S. 11(1B) inserted by No. 6/2017 s. 10.
(1B) Section 232A of the Criminal Procedure Act 2009 applies to an investigation as if the investigation were a trial.
S. 11(2) substituted by No. 53/2000 s. 95(1).
(2) The Juries Act 2000 applies to an investigation as if the investigation were a criminal trial.
(3) At the commencement of the investigation, the judge must explain to the jury—
(a) the reason for the investigation; and
(b) the findings which may be made; and
S. 11(3)(c) amended by No. 68/2009 s. 97(Sch. item 39.7(c)).
(c) that the standard of proof required in relation to the fitness of the accused to stand trial is the balance of probabilities.
S. 11(4) amended by No. 68/2009 s. 97(Sch. item 39.7(b)).
(4) If the jury finds that the accused is unfit to stand trial, the judge must—
S. 11(4)(a) amended by No. 68/2009 s. 97(Sch. item 39.7(b)).
(a) determine, by reference to any relevant evidence and on the balance of probabilities, whether or not the accused is likely to become fit to stand trial within the next 12 months; and
S. 11(4)(b) amended by No. 68/2009 s. 97(Sch. item 39.7(b)).
(b) if the judge determines that the accused is likely to become fit within the next 12 months, specify the period by the end of which the accused is likely to be fit to stand trial.
(5) For the purposes of subsection (4) the judge may call further evidence on his or her own initiative.
S. 11(6) amended by No. 68/2009 s. 97(Sch. item 39.7(a)).
(6) The jury empanelled to decide the question of the fitness of an accused to stand trial must not decide any other matter in relation to the proceedings for the offence.