Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

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4.141 It is unclear why appeals are so infrequently pursued and whether they should be pursued
more often. The infrequency of appeals could suggest that court processes and the
safeguards in place are operating to produce appropriate outcomes. It could also reflect
that in a high proportion of these cases the parties agree with the conduct and outcome
of the case (for example, they agree on the accused person’s unfitness to stand trial) and
therefore perceive no grounds of appeal. It could, however, also be that people who are
unfit to stand trial are less likely to understand their rights or have the capacity to instruct
their lawyer to pursue avenues of appeal, or perhaps their lawyers do not pursue the
matter on their behalf because of a perception that it will be unsuccessful.
Question
28 Are there any barriers to accused people pursuing appeals in relation to
unfitness to stand trial and findings in special hearings
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