22When may the question of mental impairment be raised?

22 When may the question of mental impairment be raised? (1) The question of mental impairment may be raised at any time during a trial by the defence or, with the leave of the trial judge, by the prosecution. S. 22(2) amended by No. 77/2005 s. 10(3). (2) If there is admissible evidence that raises the question of mental impairment and a jury has been empanelled— (a) the judge must direct the jury to consider the question and explain to the jury the findings which may be made and the legal consequences of those findings; and S. 22(2)(b) amended by No. 68/2009 s. 97(Sch. item 39.19). (b) if the jury finds the accused not guilty, it must specify in its verdict whether or not it so finds because of mental impairment. S. 22(3) amended by No. 68/2009 s. 97(Sch. item 39.20), repealed by No. 5/2025 s. 52. S. 23 amended by No. 68/2009 s. 97(Sch. item 39.21).