38WProcedure at special hearings

38W Procedure at special hearings (1) A special hearing is to be conducted as nearly as possible as if it were a hearing and determination of a charge for an offence. (2) Without limiting subsection (1), at a special hearing— (a) the child must be taken to have pleaded not guilty to the offence; and (b) the child may raise any defence that could be raised if the special hearing were a hearing of the charge, including the defence of mental impairment; and (c) the rules of evidence apply; and (d) subject to section 524 of the **Children, Youth and Families Act 2005**, the child must be legally represented; and See section 525(2) of the **Children, Youth and Families Act 2005**. (e) any alternative finding that would be available if the special hearing were a hearing and determination of the charge is available to the Children's Court. S. 38X