1Under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the court may enter a special verdict of act proven but not criminally responsible without empanelling a jury where both parties agree the proposed evidence establishes the defence of mental health impairment, the defendant is legally represented, and the court is independently satisfied the defence is established on the evidence.
2A psychotic disorder such as schizophrenia, even where exacerbated by substance use, may constitute a mental health impairment under s 28 of the Act provided the impairment is not caused solely by the temporary effect of ingesting a substance or a substance use disorder.
3Following a special verdict under s 31, the court may recommend under s 145 of the Act that members of the deceased's family be heard in Mental Health Review Tribunal proceedings.
