Section 306I of the Criminal Procedure Act 1986, which permits the tender of a complainant's evidence from an earlier aborted trial in new trial proceedings, applies to special hearings conducted under s 19 of the Mental Health (Forensic Provisions) Act 1990. This follows from s 21(1) of that Act, which requires special hearings to be conducted as nearly as possible as if they were trials of criminal proceedings. Alternatively, a special hearing is itself a form of trial within the meaning of s 306I. Where an offender and complainant reside together, the fact that an offence occurred in the home is not an aggravating factor under s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999.
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