Supplementary terms of reference - Crimes (Mental Impairment and Unfitness to be Tried) and the Children's Court

[Supplementary matter referred to the Commission pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000 (Vic) on 18 September 2013.]

The Victorian Law Reform Commission is also asked to consider whether the application of the CMIA should be further extended to the Children’s Court. In particular, the Commission should consider:

  • the Court of Appeal decision in CL, A Minor (by his Litigation Guardian) v Director of Public Prosecutions (DPP) (obh Lee) [2011] VSCA 227;
  • whether the process for determining fitness to stand trial in the Crimes (Mental Impairment and Unfitness to be Tried Act) 1997 should be adapted for application in the Children’s Court;
  • in relation to fitness and the defence of mental impairment, whether a different process for determination should apply in the Children’s Court than any that may be proposed by the Commission with regards to the Magistrates’ Court;
  • what orders should be available in the Children’s Court following a finding of unfitness or not guilty because of mental impairment;
  • whether the current jurisdiction of the Children’s Court should apply, so that the Court could hear and determine any matter before it if fitness or mental impairment should arise, apart from those currently required to be committed to the Supreme Court.

The Commission is granted an extension of time to report on this reference to 30 June 2014.

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