16Procedures at special hearings

16 Procedures at special hearings

(1)  A special hearing is to be conducted so that the onus of proof and standard of proof are the same as in a trial of criminal proceedings and in other respects as nearly as possible as if it were a trial of criminal proceedings.

(2)  The fact that the person has been found to be unfit to stand trial is taken not to be an impediment to his or her representation.

(3)  Without limiting the generality of subsection (1) , at a special hearing –

(a) the defendant is taken to have pleaded not guilty to the offence; and

(b) the defendant's legal representative may exercise the defendant's rights to challenge jurors or the jury; and

(c) the defendant may raise any defence that could be properly raised as if the special hearing were an ordinary trial of criminal proceedings; and

(d) the defendant is entitled to give evidence.