Search Results for: Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper

1. Introduction

Terms of reference 1.1 On 17 August 2012, the Attorney-General, the Honourable Robert Clark, MP asked the Victorian Law Reform Commission to review and report on the desirability of changes to the Crimes (Mental Impairment…

2. Improving the systemic operation of the CMIA

Introduction 2.1 The terms of reference and supplementary terms of reference for the review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’) raise issues that cut across criminal courts…

3. Reframing the test for unfitness to stand trial

Introduction 3.1 ‘Unfitness to stand trial’ refers to the doctrine which exempts an accused from a standard criminal trial, sometimes temporarily, because at the time of the trial they cannot understand the trial or participate…

5. Application of the CMIA in the Magistrates’ Court

Introduction 5.1 The terms of reference ask the Commission to consider whether the application of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’) should be further extended to the Magistrates’…

7. Juries under the CMIA in the higher courts

Introduction 7.1 Juries are a central part of proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’): • Juries determine whether an accused is unfit to stand trial. •…

8. Rights and interests under the CMIA

Introduction 8.1 The terms of reference ask the Commission to have regard to the representation of various interests involved in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’). In particular,…

9. Processes and findings under the CMIA in all courts

Introduction 9.1 The Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’) outlines the process for determining unfitness to stand trial and for special hearings. It also sets out the process for…