Non-compliance with the three-month time limit for holding a special hearing under s 14F(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) does not invalidate or preclude the holding of a special hearing. A special hearing may proceed outside the time limit. Once a permanent finding of unfitness is made under s 14F(5), the question of fitness cannot be re-reserved under s 9(1) or s 9(3), whether on the original or a fresh identical indictment, because the finding of unfitness attaches to the substantive conduct alleged and endures. The filing of a fresh indictment in identical terms cannot be used to circumvent the statutory time limit or restart the fitness investigation process. The absence of an express power to extend the time limit was noted as an 'untenable' gap in the legislation.
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