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)](#GS16@Gs1@EN) , 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.