43VPurpose of special hearings

43V Purpose of special hearings (1) A special hearing is to determine, on the evidence available, whether an accused person who is found not fit to stand trial: (a) is not guilty of the offence he or she is charged with; (b) is not guilty of the offence he or she is charged with because of his or her mental impairment; or (c) committed the offence he or she is charged with or an offence available as an alternative to the offence charged. (2) To make a finding under subsection (1)(c), the jury must be satisfied beyond reasonable doubt, on the evidence available, that the accused person committed the offence charged or an offence available as an alternative to the offence.