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

Published on August 21, 2014

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People charged with offences who have serious mental impairment, intellectual disability or mental illness require a special response from the law. The legal principles behind ‘unfit to stand trial’ and the mental impairment defence recognise the vulnerability of such people in our criminal justice system. Tabled in Parliament on 21 August 2014, the VLRC’s crimes and mental impairment report made 107 recommendations for law reform. Access the report from the links below.

Contents

Terms of reference

Supplementary terms of reference

Glossary and abbreviations

Executive summary

1. Introduction

2. Improving the systemic operation of the CMIA

3. Reframing the test for unfitness to stand trial

4. Clarifying the law on the defence of mental impairment

5. Application of the CMIA in the Magistrates’ Court

6. A specialised approach to the application of the CMIA in the Children’s Court

7. Juries under the CMIA in the higher courts

8. Rights and interests under the CMIA

9. Processes and findings under the CMIA in all courts

10. Improving the supervision, review and
leave framework in the higher courts

11. Management of people subject to supervision orders

Appendix A: Advisory committee

Appendix B: Submissions

Appendix C: Consultations

Appendix D: Data

Appendix E: Jurisdictional comparison of the mental impairment defence

Appendix F: Presumptions and endangerment tests in the CMIA

Appendix G: Recommended factors to guide decision making in supervision, review, release and leave decisions