The Attorney-General has asked the Commission to conduct a review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
The review will seek to ensure that the law that determines a person’s guilt or fitness to be tried, and what happens to persons found not fit or not guilty, operates justly, effectively and consistently with the principles that underlie the Act.
The Commission has been asked to consider:
• the definition of ‘mental impairment’
• the process of deciding fitness to stand trial
• the application of the Act in the Magistrates’ Court
• appropriate jury directions
• the provisions governing supervision and review.
The Commission will report to the Attorney-General by 31 March 2014.