Victorian Current Acts

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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 4

Application to courts and proceedings

S. 4(1) amended by No. 55/2014 s. 120.

    (1)     Except as provided by sections 5, 5A and 25(1) and Parts 5A, 7A and 7B, this Act applies only in relation to trials of indictable offences in the Supreme Court or the County Court and proceedings ancillary or incidental to, or connected with or arising out of, those trials, including committal proceedings.

S. 4(2) inserted by No. 7/2002 s. 3(3).

    (2)     If an appeal is made under this Act to the Court of Appeal—

        (a)     a reference in this Act to the court, in respect of the making or confirming of a supervision order by the Court of Appeal on the appeal, is a reference to the Court of Appeal; and

        (b)     if the Court of Appeal makes or confirms a supervision order on the appeal, a reference in this Act to the court that made the supervision order is a reference to the court from which the appeal was made to the Court of Appeal.

S. 4(3) inserted by No. 7/2002 s. 3(3).

    (3)     Subsection (2) does not apply so as to allow a person to appeal to the Court of Appeal against a supervision order made by the Court of Appeal.

S. 5 amended by Nos. 7/2002 s. 4 (ILA s. 39B(1)), 68/2009 s. 97(Sch. item 39.1).



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