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CRIMINAL PROCEDURE ACT 2009 - SECT 420ZD

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

    (1)     Section 16(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , in requiring that a special hearing is to be conducted as nearly as possible as if it were a criminal trial, does not permit an order under section 420E to be made in respect of a special hearing.

Note

Section 94 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 provides for a court to order that a special hearing be conducted by the judge alone, without a jury.

    (2)     In a trial by judge alone, the question whether a person was suffering from a mental impairment having the effect referred to in section 20(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is to be determined by the trial judge on the balance of probabilities.

    (3)     Section 21(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 does not apply to a trial by judge alone. Subsection (4) applies instead.

    (4)     In a trial by judge alone, if the prosecution and the defence agree, at any time before the trial judge retires to consider the verdict, that the proposed evidence establishes the defence of mental impairment, the trial judge may hear the evidence and—

        (a)     if satisfied that the evidence establishes the defence of mental impairment, may direct that a verdict of not guilty because of mental impairment be recorded; or

        (b)     if not so satisfied, the trial by judge alone is to continue.

    (5)     Section 22(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 does not apply to a trial by judge alone. Subsection (6) applies instead.

    (6)     If, in a trial by judge alone—

        (a)     there is admissible evidence that raises the question of mental impairment; and

        (b)     the trial judge finds the accused not guilty—

the verdict of the trial judge must specify whether or not the trial judge finds the accused not guilty because of mental impairment.

New s     . 420ZE inserted by No. 11/2022 s. 3.



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