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Criminal Justice (Mental Impairment) Act 1999
15Special hearings
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### 15 Special hearings
> > (1) A court must proceed to hold a special hearing if –
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> > > > (a) the court determines that the defendant is not likely to become fit to stand trial within 12 months; or
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> > > > (b) the defendant does not become fit to stand trial within 12 months after the determination referred to in [section 14(2)](#GS14@Gs2@EN) .
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> > (2) The purpose of the special hearing is to determine whether, despite the unfitness of the defendant to stand trial, on the limited evidence available the defendant is not guilty of the offence.
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> > (3) In the case of proceedings in the Supreme Court, the question whether a defendant is not guilty of the offence must be determined by a jury.
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> > (4) [*\[Section 15 Subsection (4) amended by No. 48 of 2003, Sched. 9, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2003-048#JS9@Ja2@GC2@EN) The application of the [Juries Act 2003](/view/html/inforce/2026-04-12/act-2003-999) extends to the constitution and proceedings of a jury for the purposes of this section.