Determination at pre-trial hearing as to whether presumption is rebutted
206E Determination at pre-trial hearing as to whether presumption is rebutted
S. 206E inserted by No. 32/2024 s. 823.
At a pre-trial hearing of the issue of whether the presumption against criminal responsibility is rebutted in respect of a charge for an offence, the court—
may determine that the prosecution has not rebutted the presumption and direct that an entry of not guilty be made on the record in respect of the charge; or
may determine that the prosecution has rebutted the presumption and order that the matter proceed to trial or to the determination of other pre-trial issues (as the case requires).
An entry of not guilty under subsection (1)(a) has the same effect as if it were the verdict of a jury on the trial of the accused on the charge.
A determination under subsection (1)(b) has the same effect as if it had been made after the commencement of the trial of the accused on the charge.
This Act’s bill:Explanatory memorandumSecond reading speech
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