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

Victorian Law Reform Commission
Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper
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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.