Victorian Consolidated Regulations Victorian Consolidated Regulations(1) When a judicial registrar constitutes the Court under Rule 2A.2 for the purposes of a pre-trial hearing, the following powers under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are delegated to the judicial registrar—
(a) the power of the Court under section 9(1) of that Act to reserve the question of the fitness of the accused to stand trial for investigation under Part 2 of that Act;
(b) subject to the qualifications set out in the subsequent paragraphs of this Rule, the following powers of the Court, being powers exercisable once that question has been reserved for investigation—
(i) the power under section 10(1)(a) of that Act to make an order granting the accused bail;
(ii) the power under section 10(1)(b) of that Act to make an order remanding the accused in custody in an appropriate place;
(iii) the power under section 10(1)(ba) of that Act to make an order remanding an accused who is a child in custody in a youth justice centre or a youth residential centre;
(iv) the power under section 10(1)(c) of that Act to make an order remanding the accused in custody in a prison;
(v) the power under section 10(1)(d) of that Act to make an order that the accused undergo an examination and that the results be put before the Court.
Note
Rule 2A.9 also delegates to the judicial registrar powers to excuse attendance or adjourn the proceedings.
(2) A judicial registrar may exercise the power of the Court under section 10(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to grant bail only if the granting of bail is not opposed.
(3) A judicial registrar may exercise a power of the Court under section 10(1)(b), (ba) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to remand an accused only if—
(a) there is no application for bail; or
(b) the remanding of the accused is not opposed.
Rule 2A.17 inserted by S.R. No. 98/2021 rule 5.