Under s 21A of the Mental Health (Criminal Procedure) Act 1990 (NSW), a judge conducting a special hearing upon an election for judge alone must make enquiry to be satisfied that the accused's barrister or solicitor was satisfied the accused properly understood the nature of the election; the mere tender of a form of election is insufficient, particularly where the accused has been found unfit to be tried. Section 23(5) of the Act does not authorise the commencement of a limiting term on a date after its nomination, creating a practical difficulty for cumulation of limiting terms across multiple offences that requires legislative attention.
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