Victorian Current Acts Victorian Current Acts(1) A special hearing is to be conducted as nearly as possible as if it were a hearing and determination of a charge for an offence.
(2) Without limiting subsection (1), at a special hearing—
(a) the child must be taken to have pleaded not guilty to the offence; and
(b) the child may raise any defence that could be raised if the special hearing were a hearing of the charge, including the defence of mental impairment; and
(c) the rules of evidence apply; and
(d) subject to section 524 of the Children, Youth and Families Act 2005 , the child must be legally represented; and
Note
See section 525(2) of the Children, Youth and Families Act 2005 .
(e) any alternative finding that would be available if the special hearing were a hearing and determination of the charge is available to the Children's Court.
S. 38X
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).