New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 29

29 Explanation to jury

The judge must explain the following matters to the jury if the question of whether the defendant had a mental health impairment or a cognitive impairment, or both, as referred to in section 28(1) is raised--

(a) the findings which may be made on the trial,

(b) the legal and practical consequences of those findings,

(c) the composition of the Tribunal and its relevant functions with respect to forensic patients,

(d) without limiting paragraph (b), that a defendant who is found to have committed the act constituting the offence but not to be criminally responsible because of a mental health impairment or cognitive impairment, or both, may be ordered to be released by the Tribunal only if the Tribunal is satisfied, on the evidence available to it, that the safety of the defendant or any member of the public will not be seriously endangered by the defendant's release,

(e) that the jury should not be influenced by the consequences of a special verdict of act proven but not criminally responsible in deciding a verdict.