### 38 Counsel to have independent discretion > If a defendant is unable to instruct his or her legal representative on any question relating to an investigation or special hearing under this Act, the legal representative may act, in the exercise of an independent discretion, in what he or she genuinely believes to be the defendant's best interests.

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Section 38 - Criminal Justice (Mental Impairment) Act 1999 - Counsel to have independent discretion — Zoe