Crimes Act 1914
Part IB
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Sentencing, imprisonment and release of federal offenders
Division 6
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Unfitness to be tried
SECTION 20BI
Appeals against some Victorian jury findings of unfitness to be tried
(1)
This section applies if:
(a) in proceedings for a federal offence in the Trial Division of the Supreme Court of Victoria or in the County Court of Victoria, a question arises whether the accused is fit to stand trial; and
(b) a jury finds that the accused is unfit.
Right to appeal
(2)
The accused may appeal to the Court of Appeal of Victoria against the finding:
(a) on a ground involving only one or more questions of law alone; or
(b) on a ground involving one or more questions of fact alone, or one or more questions of mixed law and fact, if the judge before whom the accused came for trial certifies the ground is fit for appeal; or
(c) on any ground if the Court of Appeal gives leave.
Decision on appeal
(3)
The Court of Appeal must allow the appeal if the court thinks that:
(a) the finding should be set aside because it is unreasonable or cannot be supported having regard to the evidence; or
(b) the order of the Supreme Court or County Court giving effect to the finding should be set aside because of a wrong decision on a question of law; or
(c) there was a miscarriage of justice.
(4)
Otherwise, the Court of Appeal must dismiss the appeal.
(5)
Despite subsection (3), the Court of Appeal may dismiss the appeal if the Court of Appeal thinks that no substantial miscarriage of justice has occurred.
Consequences if appeal allowed
(6)
If the Court of Appeal allows the appeal:
(a) the accused may be tried for the federal offence; and
(b) the Court of Appeal may make orders for the custody or bail of the accused.
Rules of court
(7)
Rules of court for the Court of Appeal of Victoria may make provision relating to appeals under subsection (2) and proceedings relating to orders under paragraph (6)(b).
Relationship with the rest of this Division
(8)
This Division has effect subject to this section.
View history note
Hide history noteThis section applies if:
(a) in proceedings for a federal offence in the Trial Division of the Supreme Court of Victoria or in the County Court of Victoria, a question arises whether the accused is fit to stand trial; and
(b) a jury finds that the accused is unfit.
Right to appeal
(2)
The accused may appeal to the Court of Appeal of Victoria against the finding:
(a) on a ground involving only one or more questions of law alone; or
(b) on a ground involving one or more questions of fact alone, or one or more questions of mixed law and fact, if the judge before whom the accused came for trial certifies the ground is fit for appeal; or
(c) on any ground if the Court of Appeal gives leave.
Decision on appeal
(3)
The Court of Appeal must allow the appeal if the court thinks that:
(a) the finding should be set aside because it is unreasonable or cannot be supported having regard to the evidence; or
(b) the order of the Supreme Court or County Court giving effect to the finding should be set aside because of a wrong decision on a question of law; or
(c) there was a miscarriage of justice.
(4)
Otherwise, the Court of Appeal must dismiss the appeal.
(5)
Despite subsection (3), the Court of Appeal may dismiss the appeal if the Court of Appeal thinks that no substantial miscarriage of justice has occurred.
Consequences if appeal allowed
(6)
If the Court of Appeal allows the appeal:
(a) the accused may be tried for the federal offence; and
(b) the Court of Appeal may make orders for the custody or bail of the accused.
Rules of court
(7)
Rules of court for the Court of Appeal of Victoria may make provision relating to appeals under subsection (2) and proceedings relating to orders under paragraph (6)(b).
Relationship with the rest of this Division
(8)
This Division has effect subject to this section.
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