New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 58

58 Juries at special hearings

(1) An election to have a special hearing determined by a jury must be made--

(a) on a day before the day fixed for the special hearing, if the election is made by the defendant, or

(b) at least 7 days before the day fixed for the special hearing, if the election is made by the prosecutor.

(2) The defendant, or an Australian legal practitioner for the defendant, may subsequently elect to have the special hearing determined by a judge instead of a jury.

(3) The Jury Act 1977 applies to the constitution of a jury, and to a jury constituted, for a special hearing in the same way as it applies to the constitution of a jury, and to a jury constituted, for a trial of criminal proceedings.

(4) A member of a jury otherwise constituted for the purpose of a proceeding related to the same defendant and the same offence is not eligible to be a member of a jury constituted for the purposes of a special hearing.

(5) Rules of court may be made with respect to elections to have a special hearing determined by a jury.