206CConduct of pre-trial hearing about presumption against criminal responsibility

206C Conduct of pre-trial hearing about presumption against criminal responsibility

(1) Despite section 201, if a court is determining the issue of whether the presumption against criminal responsibility is rebutted before the trial of the accused, the court is to conduct an oral hearing to determine the issue.

(2) On the application of the accused, the court may excuse the accused from attending the hearing if—

(a) the accused is a child; and

(b) the court is satisfied that it is in the interests of justice to conduct the hearing without the attendance of the accused.

(3) For the purposes of subsection (2), in determining whether it is in the interests of justice, the court is to have regard to—

(a) the right of an accused to a fair hearing; and

(b) any information from the prosecution and the accused about the nature of any evidence that is proposed to be adduced; and

(c) whether the prosecution consents to the determination of the issue without the attendance of the accused.