43XFindings at special hearing

43X Findings at special hearing (1) If the jury at a special hearing finds the accused person is not guilty of the offence, the finding is taken to be a finding of not guilty at a criminal trial and the court must discharge the accused person. (2) If the jury at a special hearing finds the accused person is not guilty because of mental impairment, the finding is taken to be a finding of not guilty because of mental impairment at a criminal trial and the court must: (3) If the jury at a special hearing finds, on the evidence available, that the accused person committed the offence charged or an offence available as an alternative to the offence charged, the finding: (a) is taken to be a qualified finding of guilt and does not constitute a basis in law for a finding of guilt of the offence to which the finding relates; (b) constitutes a bar to further prosecution in respect to the same conduct and circumstances; and

Criminal Code Act 1983 67 (c) is subject to appeal in the same manner as if it were a finding of guilt at a criminal trial, and the court must declare that the accused person is liable to supervision under Division 5 or discharge the accused person 43XA Dispensing with special hearing If, at any time before or during a special hearing, the parties to the prosecution of the offence agree that the evidence establishes the defence of mental impairment, the court may accept a plea and record a finding of not guilty of the offence because of mental impairment. 43XB Effect of finding under section 43XA If the court records a finding under section 43XA, the court must: