Search Results for: Child Protection final report delivered to the Attorney-General

4. Consolidating the role in practice

Introduction 4.1 Considerable law and policy reform has been directed towards improving the criminal trial process for victims. The cumulative effect is that the victim’s role has been enhanced from, at most, that of a…

4. Judicial discretion to modify the effect of the rule

Introduction 4.1 As discussed in Chapter 3, the proposed Forfeiture Act would set out the unlawful killings to which the forfeiture rule applies. Although promoting certainty, this reform would not address concern about the unfair…

3. Family violence in the community

Introduction 3.1 This chapter defines family violence and describes its dynamics and characteristics. 3.2 This chapter also provides an overview of the current policy and reform context to clarify how this reference complements and intersects…

5. Defence of mental impairment

Introduction 5.1 This chapter examines the defence of mental impairment under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). It briefly explores the history of the defence prior to the…

6. Disobedience contempt

Introduction 6.1 Disobedience contempt arises when a person fails or refuses to comply with an order of the court or an undertaking given to the court. In these circumstances, commencing contempt proceedings against the person…

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. •…