At a special hearing under the Mental Health (Criminal Procedure) Act 1990 (NSW), the accused's legal representative does not have exclusive power to make all decisions about the conduct of the defence. An accused who has been found unfit to be tried retains the right to give evidence or make a statement under s 21(3)(d), and the trial judge does not err in law by permitting the accused to do so against counsel's advice. However, the trial judge must manage the proceedings to avoid any resulting miscarriage of justice.
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