Victorian Current Acts Victorian Current ActsS. 9(1) amended by No. 68/2009 s. 97(Sch. item 39.5(a)–(c)).
(1) At any time after an indictment has been filed, if it appears to the court before which the accused is to be tried that there is a real and substantial question as to the fitness of the accused to stand trial, the court must reserve the question of the fitness of the accused to stand trial for investigation under this Part.
S. 9(2) amended by No. 68/2009 s. 97(Sch. item 39.5(c)).
(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 fitness of the accused to stand trial, the judge must adjourn or discontinue the trial and proceed with an investigation under this Part.
S. 9(3) amended by No. 68/2009 s. 97(Sch. item 39.5(d)).
(3) Nothing in this Act prevents the question of
the fitness of an accused to stand trial from being raised more than once in
the same proceeding.
S. 9(4) amended by Nos 7/2009 s. 425(a) (as amended by No. 68/2009 s. 54(k)), 68/2009 s. 97(Sch. item 39.5(e)).
(4) For the purposes of sections 211 and 212 of
the Criminal Procedure Act 2009 , time ceases to run from the time that the
question of the fitness of an accused to stand trial is reserved for
investigation until the investigation has been completed.