s. s. 17 18 (b) the meaning of being unfit to stand trial; and (c) the purpose of the special hearing; and (d) the findings that are available; and (e) the standard of proof required for those findings. 17 Findings at special hearings (1) The following findings are available to the jury at a special hearing— (a) not guilty of the offence charged; (b) not guilty of the offence because of mental impairment; (c) the accused committed the offence charged S. 17(1)(c) amended by or an offence available as an alternative. No. 68/2009 s. 97(Sch. item 39.13). (2) To make a finding under subsection (1)(c) the jury S. 17(2) amended by must be satisfied beyond reasonable doubt, on the No. 68/2009 evidence available, that the accused committed the s. 97(Sch. item 39.13). offence charged or an offence available as an alternative. 18 Effect of findings (1) If a jury makes a finding under section 17(1)(a), S. 18(1) amended by the person is to be taken for all purposes to have No. 68/2009 been found not guilty at a criminal trial. s. 97(Sch. item 39.14). (2) A finding under section 17(1)(b) is to be taken for all purposes to be a finding at a criminal trial of not guilty because of mental impairment.
(b) the meaning of being unfit to stand trial; and (c) the purpose of the special hearing; and (d) the findings that are available; and (e) the standard of proof required for those findings. 17 Findings at special hearings s. 17 (1) The following findings are available to the jury at a special hearing— (a) not guilty of the offence charged; (b) not guilty of the offence because of mental impairment; S. 17(1)(c) amended by No. 68/2009 s. 97(Sch. item 39.13). (c) the accused committed the offence charged or an offence available as an alternative. S. 17(2) amended by No. 68/2009 s. 97(Sch. item 39.13). (2) To make a finding under subsection (1)(c) the jury must be satisfied beyond reasonable doubt, on the evidence available, that the accused committed the offence charged or an offence available as an alternative. 18 Effect of findings s. 18 S. 18(1) amended by No. 68/2009 s. 97(Sch. item 39.14). (1) If a jury makes a finding under section 17(1)(a), the person is to be taken for all purposes to have been found not guilty at a criminal trial. (2) A finding under section 17(1)(b) is to be taken for all purposes to be a finding at a criminal trial of not guilty because of mental impairment.
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