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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
38GApplication of Part
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38G Application of Part
(1) This Part applies to—
(a) indictable offences heard and determined summarily by the Children's Court; and
(b) committal proceedings in the Children's Court; and
(c) appeals from—
(i) a finding by the Children's Court that a child is unfit to stand trial; and
(ii) a finding by the Children's Court that a child is not guilty of an indictable offence because of mental impairment; and
(iii) the making of a supervision order by the Children's Court; and
(d) appeals by the Director of Public Prosecutions against an order by the Children's Court for unconditional release of a child found not guilty because of mental impairment of an indictable offence.
(2) Division 4 and this Division apply to—
(a) summary offences heard and determined by the Children's Court; and
(b) appeals from a finding by the Children's Court that a child is not guilty of a summary offence because of mental impairment.
(3) Parts 6 (other than sections 39, 40(1) and 47), 7, 7A and 7B do not apply to an order under this Part.
S. 38H inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).