South Australian Current Acts South Australian Current Acts269W—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.