VICIn ForceAct
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
38RWhat happens after an investigation?
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38R What happens after an investigation?
(1) If the Children's Court finds that a child is fit to stand trial, the hearing must be commenced or resumed in accordance with usual criminal procedures as soon as possible and in any event within 3 months.
(2) If the Children's Court finds that a child is not fit to stand trial and the court determines that the child is likely to become fit within the next 6 months, the court must adjourn the matter for the period specified under section 38Q(3)(b) and may—
(a) grant the child bail; or
(b) remand the child in custody for a specified period (not exceeding the period specified under section 38Q(3)(b)); or
(c) make any other order the court thinks appropriate.
(3) If the Children's Court finds that a child is not fit to stand trial and the court determines that the child is not likely to become fit within the next 6 months, the court—
(a) must proceed to hold a special hearing under Division 3 as soon as possible and in any event within 3 months; and
(b) may remand the child in custody or grant bail to the child or make any other order that the court considers appropriate for the safe custody of the child until the special hearing.
S. 38S