CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269W

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269W

269W—Counsel to have independent discretion

        (1)         If the defendant is unable to instruct counsel on questions relevant to an investigation under this Part, the counsel may act, in the exercise of an independent discretion, in what he or she genuinely believes to be the defendant's best interests.

        (2)         If the counsel for the defendant in criminal proceedings (apart from proceedings under this Part) has reason to believe that the defendant is unable, because of mental impairment, to give rational instructions on questions relevant to the proceedings (including whether to be tried by judge alone), the counsel may act, in the exercise of an independent discretion, in what the counsel genuinely believes to be the defendant's best interests.