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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
31Special verdict where defendant and prosecutor agree on impairment
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#### 31 Special verdict where defendant and prosecutor agree on impairment
31 Special verdict where defendant and prosecutor agree on impairment
> The court may enter a special verdict of act proven but not criminally responsible at any time in the proceedings (including before the jury is empanelled) if—
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> > (a) the defendant and the prosecutor agree that the proposed evidence in the proceedings establishes a defence of mental health impairment or cognitive impairment, and
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> > (b) the defendant is represented by an Australian legal practitioner, and
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> > (c) the court, after considering that evidence, is satisfied that the defence is so established.