Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - Report (html)

The Commission has published its report on the Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA). The report was tabled in Parliament on 21 August 2014. 

The report addresses terms of reference from the Attorney-General.

The Commission makes 107 recommendations for legislative reform in the following key areas:

  • revising and clarifying the legal tests for unfitness to stand trial and the defence of mental impairment, including adding a definition of mental impairment to the law;
  • extending the application of the law in the Magistrates’ Court and Children’s Court;
  • extending the role of juries in determining the defence of mental impairment and reducing complexity in the content of jury directions under the law;
  • improving how community interests are represented in court hearings;
  • improving the level of support provided to, and acknowledgment of, victims and family members in cases under the law;
  • strengthening the decision making framework for review, leave and release of people subject to indefinite supervision orders;
  • establishing a new youth forensic facility for treating and supervising young people and a new medium-secure forensic mental health hospital;
  • ensuring there is equal treatment of people with an intellectual disability or other cognitive impairment under the supervision regime.

Follow the links on the right to navigate the report.

You can also download a pdf of the report.

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