43FWho may raise defence and when may defence be raised and

43F Who may raise defence and when may defence be raised and considered? (1) The defence of mental impairment may be raised: (a) by the defence at any time during the trial; (b) by the court on application by the prosecution; or (c) by the court on its own initiative.

Criminal Code Act 1983 58 (2) If the defence of mental impairment is raised during the trial, the issues relating to establishing the defence are to be separately tried. (3) If the defence of mental impairment arises during a committal proceeding, the question is to be reserved for consideration by the court during the trial of the accused person. (4) A committal proceeding is not to be discontinued and the accused person discharged only because the defence of mental impairment has been raised during the committal proceeding.