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

The Commission produced this consultation paper for its review of the Crimes (Mental Impairment and Unfitness to be Tried) Act. The consultation paper describes the current law in Victoria regarding unfitness to be tried and…

The courts frequently deal with people charged with offences who require a special response from the law due to their serious mental impairment, intellectual disability or mental illness. The legal principles behind ‘unfit to stand…

Introduction 11.1 As part of its review of the provisions in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIA’) governing supervision and review, the Commission has examined how the CMIA…

Introduction 10.1 The terms of reference ask the Commission to consider whether changes should be made to the provisions governing supervision and review in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997…

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…

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,…

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. •…

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’…

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…

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…