Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

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4.16 If an accused person is found to have committed the offence at a special hearing, this
constitutes a qualified finding of guilt. 18 A qualified finding of guilt does not amount to
a conviction. There can be no further prosecution of the person in respect of the same
offence and the finding is subject to appeal as if the person had been found guilty in a
usual criminal trial. 19
Figure 1: Unfitness to stand trial under the CMIA in the Supreme Court and
County Court
Question of unfitness raised
Investigation into unfitness
by a jury in Supreme Court
or County Court
Trial before jury
Yes
Accused found fit
No
Adjourn
for up to
12 months
Yes
Does judge decide accused
likely to become fit
within 12 months
No
No
Is there still a
question of the
accused’s unfitness
to stand trial
Yes
Special hearing
before jury
Not guilty
Committed the
offence charged
Not guilty
because of
mental impairment
Unconditional release
Custodial or non-custodial
supervision order
18 Ibid s 18(3)(a).
19 Ibid ss 18(3)(b)–(c).
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