Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 123

After section 90 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert —

        " 90A     Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

On and from the commencement of Division 2 of Part 2 as inserted by the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 , an investigation as to the fitness of an accused to stand trial is to be conducted in accordance with that Division irrespective of whether before, on or after that commencement—

        (a)     the question of the fitness of the accused to stand trial is or was raised; or

        (b)     the offence charged is or was alleged to have been committed; or

        (c)     the criminal proceeding in respect of which the investigation relates is or was commenced.".

Part 19—Amendment of Justice Legislation Amendment (Criminal Appeals) Act 2019