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Criminal Code Act 1983
43WProcedure for conduct of special hearing
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43W Procedure for conduct of special hearing
(1) A special hearing is to be conducted as nearly as possible as if it
were a criminal trial.
(2) At a special hearing:
(a) the accused person is taken to plead not guilty;
(b) the accused person's legal representative (if any) may
exercise the accused person's right of challenge;
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(c) the accused person may raise any defence (including the
defence of mental impairment) that he or she could raise at a
criminal trial;
(d) the rules of evidence apply;
(e) the accused person may give evidence; and
(f) any alternative finding of guilt that would be available for a jury
at a criminal trial is available to the jury at the special hearing.
(3) The Judge must explain to the jury:
(a) that a real and substantial question has been raised as to the
accused person's fitness to be tried;
(b) the meaning of being unfit to stand trial;
(c) the purpose of the special hearing, the findings that are
available to the jury and the consequences of the findings at
law and otherwise; and
(d) the standard of proof required for the findings.