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

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Glossary and abbreviations Accused person Adult Parole Board AIHW ARC List Person charged with a criminal offence. An independent statutory body that makes decisions regarding the granting and cancelling of parole and monitoring offenders on parole. Australian Institute of Health and Welfare. Assessment and Referral Court List. Balance of probabilities The standard of proof in civil proceedings. Often described as ‘more likely than not’ or ‘more probable than not’. Refers to a standard of proof or degree of certainty required to prove something. This is a lesser standard of proof than ‘beyond reasonable doubt’. Beyond reasonable doubt CISP CMIA Cognitive impairment Committal Common law Custodial supervision order The standard of proof in criminal proceedings. Courts Integrated Services Program. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic). A term used in this paper to refer to the impact of any of a range of disabilities that may limit a person’s ability to think. These include intellectual disability, acquired brain injury, mental illness, autism spectrum disorder and dementia. A preliminary examination by the Magistrates’ Court to determine whether the case against the accused person is sufficient to warrant the person being directed to stand trial before the County Court or the Supreme Court. Law that derives its authority from decisions of the courts rather than from legislation. A supervision order that requires the detention of the person in a mental health service, residential institution or residential treatment facility. xiii
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper xiv Defence of mental impairment Director of Public Prosecutions Disability Forensic Assessment and Treatment Service Discharge Fitness to plead Forensic Forensic Leave Panel Forensic patients Forensic residents Governor in Council Indictable offences Indictable offences triable summarily Intellectual disability A defence in Victoria defined under the CMIA, replacing the common law defence of insanity. It requires that the accused person was suffering from a mental impairment at the time of the commission of the alleged offence, and that the mental impairment affected the accused person so that they either did not understand the nature and quality of their conduct, or did not know their conduct was wrong. The Director of Public Prosecutions makes decisions about whether to prosecute serious criminal matters in the Supreme Court and County Court. The Director of Public Prosecutions is independent of government. A disability forensic service that delivers treatment, support and residential services for people with a disability who display high-risk anti-social behaviour and are involved, or at risk of being involved, in the criminal justice system. To release an accused person, usually because of an acquittal. A court can discharge a person with or without conditions. Refers to the doctrine that existed before the CMIA which exempted an accused person from the usual criminal process because at the time of the trial they were unable to enter a plea or understand the nature of the proceedings. Relating to or used in courts of law. An independent statutory body with jurisdiction to consider applications for certain types of leave for forensic patients and forensic residents. People subject to a supervision order or on remand pending a determination under the CMIA, who are in detention at a mental health service. People subject to a supervision order or on remand pending a determination under the CMIA, who are in a residential institution or residential treatment facility. A body that comprises the Governor as Chair and members of the Executive Council (usually the Premier and Ministers). It implements aspects of government business, including appointing statutory officers and judges and proclaiming legislation. Serious crimes which attract higher maximum penalties, usually triable before a judge and a jury. Indictable offences which can be heard before a magistrate. An intellectual disability is a type of cognitive impairment. The Disability Act 2006 (Vic) defines a person with an intellectual disability as a person with both significant sub-average general intellectual functioning and significant deficits in adaptive behaviours, which become apparent before the age of 18 years.
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Page 30 and 31: 2 The CMIA: background and principl
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Page 46 and 47: 2 2.94 The CMIA’s therapeutic aim
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Victorian Law Reform Commission Rev
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4 Unfitness to stand trial 52 Intro
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4 4.5 As stated in [4.11] below, un
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4 4.16 If an accused person is foun
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4 The test in Victoria: the ‘Pres
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4 4.65 Some jurisdictions have legi
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4 Difficulty in assessing unfitness
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4 The role of experts in the proces
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4 4.102 More broadly, some have que
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4 4.113 In DPP v CJC (CJC), 135 Jus
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4 4.121 The Law Reform Committee re
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