Findings at special hearing
43X Findings at special hearing
(1) If the jury at a special hearing finds the accused person is not guilty of the offence, the finding is taken to be a finding of not guilty at a criminal trial and the court must discharge the accused person.
(2) If the jury at a special hearing finds the accused person is not guilty because of mental impairment, the finding is taken to be a finding of not guilty because of mental impairment at a criminal trial and the court must:
(a) declare that the accused person is liable to supervision under Division 5; or
order that the accused person be released unconditionally.
(3) If the jury at a special hearing finds, on the evidence available, that the accused person committed the offence charged or an offence available as an alternative to the offence charged, the finding:
(a) is taken to be a qualified finding of guilt and does not constitute a basis in law for a finding of guilt of the offence to which the finding relates;
(b) constitutes a bar to further prosecution in respect to the same conduct and circumstances; and
(c) is subject to appeal in the same manner as if it were a finding of guilt at a criminal trial,
and the court must declare that the accused person is liable to supervision under Division 5 or discharge the accused person unconditionally.
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