43WProcedure for conduct of special hearing

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;

Criminal Code Act 1983 66 (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.