4. Criminal Procedure

​C.  Crimes Mental Impairment

i.  Legislation

​As of the last update, we are not aware of any COVID-19 related legislation in this area.

ii.  Case law

The Victorian Supreme Court adopted a protocol permitting some proceedings pursuant to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) to be determined “on the papers”, which was done by Taylor J in Re LTB [2020] VSC 173 and Re XY (Ruling No 3) [2020] VSC 195. That course was also adopted by Coghlan JA in Re LB [2020] VSC 232, where his Honour noted that this course was now specifically permitted by s 120 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic).

The ability of treatment and support services to adapt in response to restrictions imposed in response to the COVID-19 pandemic, to ensure that an applicant is adequately managed during the pandemic, may be a relevant consideration in determining an application for extended leave under s 57 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic): Re LTB [2020] VSC 173, [65].